Worth the fees is it?
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So you pay an umbrella company to take care of getting money from the client and paying you, and you now want them to shirk thier responsibility and leave it up to you to claim your debt.......
Worth the fees is it?
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Bump after some reading:
My umbrella company have said that they will sign over the late payment bit of the debt over to me, once all the invoices have been paid. I was wondering how I'd go about that, but then sat and read the legislation again:
Late Payment of Commercial Debts (interest) Act, 1998:
13 Assignments, etc
(1) The operation of this Act in relation to a qualifying debt is not affected by—
(a) any change in the identity of the parties to the contract creating the debt; or
(b) the passing of the right to be paid the debt, or the duty to pay it (in whole or in part) to a person other than the person who is the original creditor or the original debtor when the debt is created.
(4) A reference in this section to the identity of the parties to a contract changing, or to a right or duty passing, is a reference to it changing or passing by assignment or assignation, by operation of law or otherwise.
So it seems that the umbrella company can write to my debtor telling them that they owe me now and not the umbrella company. Then I can go to war.Leave a comment:
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Ah yes, that's the predicament I find myself in. A retained position has come to an end and I am owed for the final 3 periods. My previous calls to the client side accounts department have elicited a "Your agency should pay you" response. I'm sure they are playing dumb on the status of an umbrella company, but why they'd want to squeeze me so hard I have no idea.Originally posted by TheBigYinJames View Post
I want the umbrella company to threaten legal warfare on the client, but I have no idea how to go about it without writing the letters myself. I don't like having that extra layer between me and my money, especially when it goes tits up, but it's there now what can you do? They say they're chasing on a daily basis, but how I'm not entirely certain.
What is the legal status here? Who do I shout at? I can't withdraw services, they've had that.
MeioLeave a comment:
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Bravo! The worst one is the final invoice, the one where you can't walk off the job if they don't pay because you're already off the client site. I always get jittery on that one, even after all these years.Originally posted by Wanderingoffagain View PostUpdate: Agency processed invoices and paid umbrella Monday pm. Cleared funds were in my bank Tuesday.
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good news. keep a close eye on things though. just in case you happened to shout loudest at the right time.Leave a comment:
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Update: Agency processed invoices and paid umbrella Monday pm. Cleared funds were in my bank Tuesday.
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opted in or out or shake it all about = IR35 thingy.
Brolly = pretend company = another bunch of spungers taking a cut from your £4.95ph rate.
I know, I should have put the two ideas in their own paragraph so that simpletons like yourself can follow adult themed conversations that down involve pron
MailmanLeave a comment:
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Are you opted in our out or shake it all about?
IF you are opted out then you are silly (as opted status does not do anything to protect you against IR35). Actually...why arent you using your own real company where you can decide how to arrange your own financial affairs?
Anyway, has anyone told you why you havent been paid? That would be a good place to start.
MailmanLeave a comment:
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Are you reasonably confident you can find something else ? If you are then down tools asap, have a polite word with the client and explain things and say you are going on holiday and you'll be back when you get paid. Are you in the PCG, ring the helpline !?Leave a comment:
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Thanks to all for your time and advice so far. Over the weekend I decided that the most appropriate and effective course of action would be a no-show on Monday and to phone the client (IT Director) at 9am and explain the "no-payment" situation. This I did, and immediately afterwards I phoned my runner at the agency and relayed the conversation with said IT Director. 15 minutes later I have a call from my runner to say that cleared funds will be in my account by tomorrow (Tuesday) "apologies for delay but it wasn't our fault"... I agreed to go back on-site tomorrow BUT if the funds aren't in my bank then I'm going to walk. Thanks again folks for advice, I may need more yet. BTW I don't wish to name agency just now but it does rhyme with "F**kd me"
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of all the things you can do don't do nothing.
are there any other contractors at the client site suffering this problem? if there are - be prepared to walk. mention the situation to the end client and prepare them that you will walk if funds are not forthcoming.
get on the phone to the umbrella an get confirmation from them what action they will take. write it all up, record all the transactions so far post it off asap to the umbrella.
monitor the situation daily - one missed deadline is perhaps a mismanagment that can be accepted two or more is not. warning bells are ringing - heed their call.
fingers crossed the agency is not going down.Leave a comment:
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I doubt you can do anything to make the agency pay. You don't have a contract with them. It's up to your umbrella comapy.
Your umbrella company could start charging late payment interest and admin fees. Your umbrella company could even do aggressive stuff like issue a Notice to pay, solicitors letters, or even start winding up procedures. Your umbrella company could get some debt collectors in. etc.Leave a comment:
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