Seeking no-win no-fee solicitor for unpaid from recruitment agency / software company

[Safe Collections]

Ahem...

Oh no!

Sorry...

[DirtyDog]

And thanks for the plug Bellona

Ahem...

Rather than going to a lawyer, you would be better off talking to someone like Safe Collections if necessary.

[Safe Collections]

I agree. Knowing the opt out status means that you know whether you can force the agency to pay you without getting paid by the client or not, though.

Knowing the status of the opt out does give us extra leverage with the agency, but unless the agent has a "pay when paid" clause in the contract then generally they would be expected to pay irrespective of if the end client has paid.

But in our experience when the agent says "the end client hasn't paid", what they normally mean is "we would like to keep this final payment, thanks very much".

And thanks for the plug Bellona

[DirtyDog]

Regardless of the opt-in/out status, I'd still follow the protocol for taking legal action against the agency and force them to either back down or argue the point in court. Don't let these bastards fob you off.

I agree. Knowing the opt out status means that you know whether you can force the agency to pay you without getting paid by the client or not, though.

Read the Pay on Time stuff, calculate how much they owe you including interest. Invoice again with payment terms for that final demand, and keep chasing.

[Wanderer]

If you opted out, then you need to get the agency to chase the client. You can speak to the client, but since you have no contractual relationship, it is the agency you need to get to chase the debt. Again, follow the bad debt guidelines and chase the agency. The agency should then chase the client for payment.

Regardless of the opt-in/out status, I'd still follow the protocol for taking legal action against the agency and force them to either back down or argue the point in court. Don't let these bastards fob you off.

If the agency start wailing that the client hasn't paid them, then tell them that you are willing to work with them to recover the debt. Most likely, the agency doesn't want to take legal action against the client when they can simply refuse to pay the contractor and let the client off the hook for not paying making them a hero in the client's eyes.

Also, speak to the client direct and find out why they haven't paid.

[GB9]

If you haven't already, get in writing from the agency the reason they haven't paid.

Check if there is a clause in the contract that covers the reason. Also check if they pay on signed time sheets.

If they still refuse to pay then issue a Letter before action, then another, then start a Court claim. They will almost certainly lose.

Regardless of the AWR, they can't just use the non-payment excuse to avoid paying you if you have done the work. For all you know they have been paid already and are just sitting on the cash.

[Bellona]

What does your contract say about getting paid? What was your opt in / out status?

If you did not opt out of the agency regulations, in writing, before being introduced to the client, then the agency has to pay you for your work. Since no-one is contesting the work you did, then follow the instructions at The Late Payment of Commercial Debts Regulations 2013 - Pay on Time and chase the agency.

If you opted out, then you need to get the agency to chase the client. You can speak to the client, but since you have no contractual relationship, it is the agency you need to get to chase the debt. Again, follow the bad debt guidelines and chase the agency. The agency should then chase the client for payment.

Rather than going to a lawyer, you would be better off talking to someone like Safe Collections if necessary. Personally, I'd start with a letter and invoice, and then follow it up with a small claims court action.

+1
The Opt-in/Opt-out status is the first thing to establish as whether you go small claims or debt collection, it is imperative you are going after the correct legal entity.

Safe Collection have an good rep and it may be that they can get their costs back from the debtor - link below

UK Debt Recovery

Doing it yourself in County Court is relatively straightforward. The costs are dependant on how much you are claiming, but you will apply for the costs as well on your claim so get these back if you win : the key point being only file if you are certain you have a high chance of success*.

Filing - £24-£210 ( will tell you online as you file)
£40 Allocation fee ( if claim over £1500, which yours is)
Hearing Fee £24-£325 (paid if and when your case gets to court:when done online).

You can get the forms online
Venues and forms

Per DD's post - make sure you send a letter before action first giving your debtor the chance to pay in full or give you a written reason for non payment


* re potential of success - if your personal or business insurance includes legal assistance, you may be able to get some free advice there.

HTH

[DirtyDog]

I am trying to get money from a company that I have been working for. They are not contesting the work and I have signed timesheets from them. I was hired by a large recruitment company and was working for them on-site at a large software company. The recruitment company said that they have not received payment from the software company. The amount I am owed is around £2500.

What does your contract say about getting paid? What was your opt in / out status?

If you did not opt out of the agency regulations, in writing, before being introduced to the client, then the agency has to pay you for your work. Since no-one is contesting the work you did, then follow the instructions at The Late Payment of Commercial Debts Regulations 2013 - Pay on Time and chase the agency.

If you opted out, then you need to get the agency to chase the client. You can speak to the client, but since you have no contractual relationship, it is the agency you need to get to chase the debt. Again, follow the bad debt guidelines and chase the agency. The agency should then chase the client for payment.

Rather than going to a lawyer, you would be better off talking to someone like Safe Collections if necessary. Personally, I'd start with a letter and invoice, and then follow it up with a small claims court action.

[Scratch It]

I have looked carefully through this forum and cannot find any similar discussions (seeking a no-win no-fee solicitor for contractor payment).

I am trying to get money from a company that I have been working for. They are not contesting the work and I have signed timesheets from them. I was hired by a large recruitment company and was working for them on-site at a large software company. The recruitment company said that they have not received payment from the software company. The amount I am owed is around £2500.

I have my own limited company. This is the second time this has happened to me and I am sure it is not uncommon. I will happily follow instructions from the solicitor as to how to include their professional legal fees/costs, I was hoping to find a solicitor who is prepared to take this on as a no-win no-fee with confirmation that I receive the full money that I am owed (any legal costs need to be added to the debt collected).

I believe this is a very straight-forward case but I do not have any experience in this area.

Any help would be greatly appreciated.

Conditional Fee Agreements are dead, and only very large legal firms that are able to take advantage of economies of scale offer no win no fee arrangements these days.

I'd pop in a county court judgement - these are a stain on the credit worthiness of a company and will likely cause them to back down.

[unhappy]

I have looked carefully through this forum and cannot find any similar discussions (seeking a no-win no-fee solicitor for contractor payment).

I am trying to get money from a company that I have been working for. They are not contesting the work and I have signed timesheets from them. I was hired by a large recruitment company and was working for them on-site at a large software company. The recruitment company said that they have not received payment from the software company. The amount I am owed is around £2500.

I have my own limited company. This is the second time this has happened to me and I am sure it is not uncommon. I will happily follow instructions from the solicitor as to how to include their professional legal fees/costs, I was hoping to find a solicitor who is prepared to take this on as a no-win no-fee with confirmation that I receive the full money that I am owed (any legal costs need to be added to the debt collected).

I believe this is a very straight-forward case but I do not have any experience in this area.

Any help would be greatly appreciated.