Reply to: Possibly Big Mistake Looking for Advice

[BlasterBates]

Are you sure about this? His contract was with the agent so cannot be implied if he is now working for the client directly. There is a verbal contract at very best with no terms. Surely he will have a very hard time convincing anyone the terms are still implied from the old one?

According the contract (if implied) he shouldn't even be there. The agent should step in here and demand his cut.



The keyword is court. That includes the cost of lawyer, lengthy argument of contracts and so on and from what I see here his chances of winning are slim and not cheap.

The agency was not involved in the follow on contract, he went direct with the client. It's a verbal contract not a written one; still binding. He can follow this up himself and follow through in the small claims court, so it needn't be expensive. If the client were to try it on and deny there was a contract it would be a good idea to point out that this would be fraud, I think by prompting the client that you would be prepared to report this to the police would probably get them to settle.

You can agree a contract with who ever you like you don't have to go through the agency. If the agency were to find out he might sue you but that is another matter, you still get paid.

[Wanderer]

I'd phone the guy up and have a chat. Most likely there is some admin cock up (many companies have an approved "preferred supplier" list and it's difficult to get paid on time unless you are on the list) rather than any malice on the part of the client.

Keep it friendly but firm, make it plain that you had an agreement to do the work and you expect to be paid. Point out that the invoice is over due and you intend to pursue the debt. Tell your contact to find out what's happening and give you an update.

The next step is as oscarose says, get a solicitor to write a "letter before action" to the client, send it recorded delivery to the director of the company. Only do this if diplomacy has failed because it will almost certainly embarrass and upset your contact at the client site.

I'd follow that up with an action in the small claims court for the maximum amount you can claim. It's unlikely that it would come to court and you will probably end up in a negotiated settlement in which case, I would demand payment of the full amount outstanding (including interest and penalties for late payment.

What about sending also this letter to the company where the software has been installed?(a big multinational company)

That's another nuclear option. I would be very wary about doing this.... You could point out to your client that you still own the copyright to the code until they pay you and you will get FAST onto them if they don't pay...

Good luck and don't make that same mistake again!

[Fra]

What about sending also this letter to the company where the software has been installed?(a big multinational company)

[oscarose]

Although an admirable the fact they won't respond to him for payment do you think they will listen to this?

Maybe not, but an inexpensive option to apply pressure on the client. Needs to be addressed to the correct individual at the client, e.g. chief exec or MD and sent recorded delivery.

[northernladuk]

In your shoes (I wouldn't be as would never have got into this situation by not signing a contract), I would write to the client and inform them that they can not use any of your deliverables until they are paid for and if funds are not forthcoming request your deliverables to be permamently deleted and get this letter written by a solicilitor on their headed paper.

Although an admirable the fact they won't respond to him for payment do you think they will listen to this?

[oscarose]

In your shoes (I wouldn't be as would never have got into this situation by not signing a contract), I would write to the client and inform them that they can not use any of your deliverables until they are paid for and if funds are not forthcoming request your deliverables to be permamently deleted and get this letter written by a solicilitor on their headed paper.

[northernladuk]

Effectively you had a contract with the client. Send them a bill for the work done and then follow up. A verbal contract is binding and the fact that they let you in to do the work is clear evidence they agreed.

Are you sure about this? His contract was with the agent so cannot be implied if he is now working for the client directly. There is a verbal contract at very best with no terms. Surely he will have a very hard time convincing anyone the terms are still implied from the old one?

According the contract (if implied) he shouldn't even be there. The agent should step in here and demand his cut.

It's possible they might deny you were there, but that would be a criminal offence for fraud if they did, i.e. you could go to the police. They might be a little less likely to deny in front of a police detective with an offence that carries a jail sentence. If they phoned you up or there were telephone calls that should be traceable. The fact that they called you up would be strong circumstantial evidence in your favour.

If you have any proof at all you were there, you shouldn't have any trouble.

Don't just give up, start the ball rolling. If they don't respond then a court will decide in your favour, if they do respond with "he wasn't there" then remind them what "fraud" is and any evidence you might have, and that you wouldn't hesitate to report it to the police. I think that will cause them to settle up.

The keyword is court. That includes the cost of lawyer, lengthy argument of contracts and so on and from what I see here his chances of winning are slim and not cheap.

[Fra]

I feel at this point I have to bow to other peoples opinion. You are indeed a troll and I am guilty of feeding it. I am ashamed.

Hi, if you live in the south east I can offer you a coffe so you will understand I am not a troll

[Fra]

Effectively you had a contract with the client. Send them a bill for the work done and then follow up. A verbal contract is binding and the fact that they let you in to do the work is clear evidence they agreed.

It's possible they might deny you were there, but that would be a criminal offence for fraud if they did, i.e. you could go to the police. They might be a little less likely to deny in front of a police detective with an offence that carries a jail sentence. If they phoned you up or there were telephone calls that should be traceable. The fact that they called you up would be strong circumstantial evidence in your favour.

If you have any proof at all you were there, you shouldn't have any trouble.

Don't just give up, start the ball rolling. If they don't respond then a court will decide in your favour, if they do respond with "he wasn't there" then remind them what "fraud" is and any evidence you might have, and that you wouldn't hesitate to report it to the police. I think that will cause them to settle up.

Yes I've got really plenty of evidence I was there, thank you very much

[BlasterBates]

Yes North I put myself in a very bad position, I was not expecting such an outcome honestly, I am a decent guy and I tend to think
people are decent, I made a big mistake and probably a huge loss, not only a money loss, I really worked hard to complete the project
staying awake even during nights because I like to carry on my duties in the best possible way.

Effectively you had a contract with the client. Send them a bill for the work done and then follow up. A verbal contract is binding and the fact that they let you in to do the work is clear evidence they agreed.

It's possible they might deny you were there, but that would be a criminal offence for fraud if they did, i.e. you could go to the police. They might be a little less likely to deny in front of a police detective with an offence that carries a jail sentence. If they phoned you up or there were telephone calls that should be traceable. The fact that they called you up would be strong circumstantial evidence in your favour.

If you have any proof at all you were there, you shouldn't have any trouble.

Don't just give up, start the ball rolling. If they don't respond then a court will decide in your favour, if they do respond with "he wasn't there" then remind them what "fraud" is and any evidence you might have, and that you wouldn't hesitate to report it to the police. I think that will cause them to settle up.

[northernladuk]

The three weeks contract has been with an agent and I have been paid for that, when they asked me to work there has been a direct request, no agent involved anymore
and in January they asked me this "Did you tell anything to the agent? I am going to meet him now and I will pretend I haven't seen you since December", my answer was "I haven't spoken with him".

They did not give me any reason, they are actually not answering my emails at all, disappeared.

I feel at this point I have to bow to other peoples opinion. You are indeed a troll and I am guilty of feeding it. I am ashamed.

[Fra]

Yes North I put myself in a very bad position, I was not expecting such an outcome honestly, I am a decent guy and I tend to think
people are decent, I made a big mistake and probably a huge loss, not only a money loss, I really worked hard to complete the project
staying awake even during nights because I like to carry on my duties in the best possible way.

[Fra]

The three weeks contract has been with an agent and I have been paid for that, when they asked me to work there has been a direct request, no agent involved anymore
and in January they asked me this "Did you tell anything to the agent? I am going to meet him now and I will pretend I haven't seen you since December", my answer was "I haven't spoken with him".

They did not give me any reason, they are actually not answering my emails at all, disappeared.

[fullyautomatix]

What reason is the client giving for not paying up ? Is he flatly refusing ? Did you get paid for the time period that you worked whilst in contract ?

[tractor]

...

We have an emote for , please can we have one for "Do not feed the trolls"

This stuff is not entertaining.