Reply to: Having Problem with Agency.

[TheFaQQer]

I have never heard of agency failure insurance. Where can I get it please?

PCG+ membership has it included

[Taita]

I don't see much point in this, just make sure you are covered by agency failure insurance.

I have never heard of agency failure insurance. Where can I get it please?

[Craic]

There is a danger here. When you say that the agency has been taken over by another agency are you sure that's the situation? It could be that the directors of the original agency went into receivership and then set up a new company and bought the contract assets from the adninistrator while leaving the debts with the old company.

[NotAllThere]

Get the address of a director from companies house. It doesn't cost much to get the details.

[PAH]

I'd email the agency (cc'ing in at least one director if you have their address) saying that unless it's sorted out this coming week you will not be able to afford to continue working at the client site and have let the client know about the situation.

Also mention this possibility to the client (having trouble with the agency and it's risking your availability to continue the work) who should be sympathetic and put pressure on the agency from their end.

On one contract I had to do this a few times over several months during the dying throes of an agency. They had big cash flow problems so struggled on for a few months, only paying those that threatened to down tools or take them to the small claims court (need to make sure the outstanding invoice amount is under the threshold, £5k IIRC,for this route to be an option).

Initially the above threatening emails worked but eventually they were in such a mess that loads of contractors lost weeks or months of invoice money. Yet the directors of the agency managed to withdraw hundreds of thousands of pounds in its final year and have since set up another agency and started again.

[Wanderer]

The second I hear of 'late payment' I start dropping hints about not turning up. Recently had an issue where the client completely failed to sign off timesheets for three weeks(forgot, late).

I agree, when it comes to getting paid you have to play hard with them and refuse to be messed about or they will dick you around mercilessly.

I'd send the unsigned time sheets off to the agent along with invoices explaining that the client has them but hasn't signed them off yet. Not being opted out, the agency are still obliged to pay according to the contract terms. Keep the agent copied in on the emails badgering the client to sign off the timesheets and make it the agent's problem if they won't sign.

[MarillionFan]

No matter how much I like a client, If I hadn't been paid - I wouldn't show up on monday.

If you haven't been paid you should start legal proceedings to get your money back or if you are a member of PCG depending on the membership you have you can use the services of a debt collection agency to represent you.

Additionally when dealing with an agancy, see if you can do a credit check on the agency to make sure they are not a bunch a wide boys.

WSSS

The second I hear of 'late payment' I start dropping hints about not turning up. Recently had an issue where the client completely failed to sign off timesheets for three weeks(forgot, late). I've been at the clientco for sometime and once before they left it late in renewing my contract even after numerous discussions(come Monday I was at another client and they wondered why I didn't turn up). So when I tell the client I'm not in Monday because of late timesheets it gets sorted.

[d000hg]

If you don't turn up, make sure you chat to your friendly contact at the client first, so that:

1. They don't get pissed at you for being a slacker
2. They DO know who is to blame and can chase it

I'd agree this is a fine plan, though you could give them until next Friday if you want...

BTW: "gr8t"? If you're going to use youth-speak at least learn how to do it right.

[Wanderer]

Additionally when dealing with an agancy, see if you can do a credit check on the agency to make sure they are not a bunch a wide boys.

I don't see much point in this, just make sure you are covered by agency failure insurance.

[Langkawi]

I had a similar situation a few years back when Bank I was working for made all contractors change to 'preferred supplier' agency and they were utterly pants! One of the biggest names (in fact worlds biggest agency) and they were shocking. Missing payments, started threatening me because they had lost my paperwork so they threatened to end my contract unless I stumped up copies of the contract, my certificate of incorporation, VAT reg etc (because they had lost it all!). I naturally dug my heels in and told them that thier incompetence with paperwork was not my issue and I had no intention of providing copies to fill the shortfall in their records.

I ended up going to Director level within the agency, writing and telling them I was going to take them to court for overdue monies and telling them I was writing to head of procurement at the Bank/client before I finally got some service and got it resolved. Point blank refused to speak to the muppets that had been giving me run around and dealt only with this Director chappy to sort it.

Best part was that in the post mortem it turned out the missing payments were because some genius at the agency, decided that in the absense of the lost paperwork they could not continue paying my Ltd, so instead they changed me to PAYE (can you believe that crap!!) but because they had no PAYE details on record for me then no payslips or payments were then generated. Seriously - you could not make up this kind of incompetence!!

My advice is take no crap. Tell them you'll take them to court (and mean it, costs you like £25 to take them to small claims court) and tell them you're making a formal complaint to the underlying client.

Good luck with it.

[strawberrysmoothie]

No matter how much I like a client, If I hadn't been paid - I wouldn't show up on monday.

If you haven't been paid you should start legal proceedings to get your money back or if you are a member of PCG depending on the membership you have you can use the services of a debt collection agency to represent you.

Additionally when dealing with an agancy, see if you can do a credit check on the agency to make sure they are not a bunch a wide boys.

[tractor]

..

What does your contract say about late payment?

Personally I never have more than one invoice outstanding.

Exactly!

[BrilloPad]

What does your contract say about late payment?

Personally I never have more than one invoice outstanding.

[psychocandy]

Must admit I wouldnt be still on site if they were 3 months late. Not turning up might focus their attention somewhat as someone said.

Name and shame?

[Warren]

Phone the agency today, say you will not be turning up onsite as of Monday and until you have been paid in full and have a signed contract. They'll soon get the harris in gear, assuming they have the money to pay you. if they dont, you need to cut your losses and start legal proceedings.

Do you have membership of a professional org such as PCG to get legal advice?

That's the way to it. Ring the agency tell them you're not going to work until all invoices are paid. I'd also speak to the client and tell them you won't be in on Monday unless the agency pays you for the last 3 months. I'm sure by the end of the day it'll be sorted, in the meantime start looking for another contract.