Reply to: Unsigned timesheets, getting payment

[blinko]

Hi guys just to update, i managed to receive payment for my final invoice.

A chasing of the regional manager and a copy of the emails I had been sending to try and get it resolved seemed to have done the trick, alternatively the client paid up.....?

Who knows but thankfully I can move onwards and upwards from here and of course thanks to all those posters for your valuable input

[Wanderer]

just to update, I am opted out of the agency workers regulations

It's not the end of the world, though your case would be stronger if you didn't. You know for next time, anyway.

Send them recorded delivery letters and keep a copy of the letter and the recorded delivery slip.

Also, make sure the recorded delivery letter is addressed to the director of the agency personally (look this up at Companies House), that way you get the attention of the right person straight away rather than dealing with the boy or girl in accounts. A recorded delivery letter like this often works wonders... Alternatively, there are solicitors out there who will send the letter on their headed notepaper for a couple of pounds. Money well spent because it shows that you mean business.

[SueEllen]

Thanks I think I will prepare the invoice, I will email a couple of times and call next week to try and seek an update, unless there is a yes we are paying you then I think I will have to get the ball rolling on the process.

Don't waste your time with phone calls let them phone you when they receive your court papers.

Also don't just email them. If you email them they can pretend, and many organisations do pretend, that they haven't received them.

Send them recorded delivery letters and keep a copy of the letter and the recorded delivery slip.

If you do go to court and show the judge the recorded delivery slips plus the letters they will not be believed if they claimed they haven't received them.

Even if the letters never arrived or aren't signed for as RM is a neutral third party and as long as you send more than one letter, you will be believed.

just to update, I am opted out of the agency workers regulations

Makes no difference if you can prove - which you can with your emails - that you have done the work.

[psychocandy]

To re-iterate what everyone else has said, if you've given them the necessary pre-warnings going to small claims is very easy to do and not expensive.

Not sure but I reckon for a claim of £500 its probably about £40 or something.

[blinko]

Then it's not worth the agency going to court over. Start chasing now i.e. issue you an invoice. You should have it paid within 3 months i.e. once they have received your small claims court papers.

Thanks I think I will prepare the invoice, I will email a couple of times and call next week to try and seek an update, unless there is a yes we are paying you then I think I will have to get the ball rolling on the process.

just to update, I am opted out of the agency workers regulations

[SueEllen]

Thanks guys, this has been really helpful. I am at the lower end of the agency contractor rankings and normally due to the low amount ( less than £500) people would pay it, but this client is particularly difficult and has been for previous contractors etc.
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Then it's not worth the agency going to court over. Start chasing now i.e. issue you an invoice. You should have it paid within 3 months i.e. once they have received your small claims court papers.

[blinko]

Thanks guys, this has been really helpful. I am at the lower end of the agency contractor rankings and normally due to the low amount ( less than £500) people would pay it, but this client is particularly difficult and has been for previous contractors etc.

You would never believe that a department is run the way it is, but then again I am not the only one that has had a tough ride part of the job hey.

I will try and keep you guys up to date with whats going on, thanks again

[SueEllen]

what about citizens advice buerea would they be able to help?

Thanks.

Not unless you want to risk bad advice or wait a very long time to see someone. They mainly deal with employees not businesses, which you are.

You have been given a lot of advice on this thread about how to deal with bad debts and who your relationship is with so I suggest you read up and start the process yourself of chasing a bad debt.

It's not hard and it's likely once you submit your small claims court action you will be paid.

[Taita]

does anyone know any good lawyers when it comes to challenging agencies and timesheets.

I am owed a weeks work and I am having trouble obtaining payment from the agency as they are having trouble from the client I believe.

I would prefer not to go legal, but I am preparing myself for the worst, thanks

Hardly worth employing a lawyer for a week's money........No very professional but if the agency are claiming difficulty with the client ask for their contact so you can complain directly to the client. Most savvy client companies can do without the hassle of a bad rep for not paying within reasonable time.

[psychocandy]

Sounds like there were issues with things anyway (you mentioned issues with times the previous week) made worse because you then handed your notice in.

I would say client is within their right to tell you you to go home early and not come back. (MOO) But they cant throw their toys out of the cot and play funny buggers about the previous week and even have got to cough for the monday IMHO.

Like everyones said, stuff the agency, its their problem getting paid by the client not yours. Let them argue with the client.

Admitedly, not having signed timesheets makes it tougher but if it was me I'd still push it.

Take them to small claims court. No hassles and quite good fun. Chances are agency will back down and pay up in the end.

[cojak]

And if you need a legal, Roger Sinclair at Egos is your man.

[NotAllThere]

You might want to start your own thread about this - it's been discussed in the past.

You run the risk that people won't read your question when it's hidden in a pretty unrelated thread.

Moved to separate thread.

Now, a basic principle is that if you've done the work, you're entitled to be paid. Complaints about quality of work when they've paid up until that last week are simply attempts to muddy the water.

Your contract is with the agency. They are the ones you must dun. Do not get into an argument - simply state that on these dates you did x hours, and there is no timesheet as the end-client is unreasonably refusing to sign on.

Just invoice the agency for the work you did on the last week. If they don't pay on time, then follow the advice on www.payontime.co.uk, and read other threads on this forum about late payment. You shouldn't go to court without being able to show that you've been reasonable. Final demand for payment should, in my view, come no earlier than two months after the original due date.

If you are opted-in, then timesheets are irrelevant, and the agency must pay you. If you are opted-out, it isn't so straightforward, but the chances are you are entitled to payment for the work you did. However, getting the money out of the client is the agency's problem - not yours. That's part of the reason why they take a margin - to cover their risk exposure.

[blinko]

Thanks guys,

I am keen for the client to pay aswell, as they have used the service (I can see them using all the tricks in the book against the agency)

Also wanted to ask, with regards to quality of work or anything like that are there reasons that they can use to not pay the timesheet (for both me and agency) regarding the work, it was a data entry role, so i think the above would apply.

what about citizens advice buerea would they be able to help?

Thanks.

[BlasterBates]

If you were working at the client site you can bill for it.

I think if you press on this one the client will sign. Maybe there will be a quibble over a couple of hours.

But no question, the client can't refuse to pay. You need to chase the agency, you can't do anything with the client other than to explain you will be taking legal action against the agency. Of course that is unlikely to impress them.

Unfortunately although your gripe is with the client and not with the agency you have to take action against the agency.

When it comes to legal action it would be very difficult for the agency to produce proof that you did nothing useful in your final week. That won't wash. You were working successfully for the rest of the time.

I suspect if anyone is going to sit on the loss it will be the agency and not you.

[Wanderer]

I have to stress here I am interested in the agency being paid aswell, I did work that week and I am not purely interested in chasing the agency down, the client should pay for the work they have recevied

Forget all about the agency's relationship with the client, that is their business and has got nothing to do with you.

Did you opt out of the agency regulations? If you did then you leave yourself in a weaker legal position.

The first thing to do is to try and get agreement about the actual hours worked from the client and get a timesheet signed, especially if they are quibbling about a trivial amount of time.

If that fails then I would tell the agency that the client are refusing to sign the timesheets for the last week worked and for your notice period which is due even though they didn't require you to work that week.

Don't dick about discussing it over the phone with them, your opening shot is to send them an invoice and then start chasing it for payment. If you don't have an invoice issued then they don't owe you any money. Once the invoice is in the system you can start dunning.