Reply to: Agency will not pay

[boredsenseless]

NMA, sorry to hear about both situations - girlfriend and contract!

You have been given good advise so far - the best being get a contract solicitor. It seems you are on good terms with the end client so see if you can get, in writing, confirmation that they have paid the agency. That will eliminate one variable.

Once you have that, ensure you have a clear understanding of when payment was due. Write to the agency and notify them that you require payment in 7 days and that you will charge interest for late payment. Refer to www.payontime.co.uk

Take a look at my thread "The story continues" to see what I did in a similar situation. My contract was directly with the end client and no agency was involved. If you want any specific input let me know.

As Mailman says, be prepared for a fight. I went to see my Bank. They agreed an overdraft (based on money owed) so that I could draw money from my Company in the interim period - that eliminated some of the stress.

Good Luck!

Good advice from everyone, even Dodgy has a point (even though its a cynical one )

The best thing you can do now is

a) Talk to bank and arrange facilities so that money isn't an issue
b) Sort things out with the gf and find a contract that is friendly to your situation
c) Put the original matter into solictors hands and let them deal with it, you won't get very far on your own but you will end up letting it rule your life. Let the professionals deal with it - in the long run it'll be cheaper

[Mustang]

NMA, sorry to hear about both situations - girlfriend and contract!

You have been given good advise so far - the best being get a contract solicitor. It seems you are on good terms with the end client so see if you can get, in writing, confirmation that they have paid the agency. That will eliminate one variable.

Once you have that, ensure you have a clear understanding of when payment was due. Write to the agency and notify them that you require payment in 7 days and that you will charge interest for late payment. Refer to www.payontime.co.uk

Take a look at my thread "The story continues" to see what I did in a similar situation. My contract was directly with the end client and no agency was involved. If you want any specific input let me know.

As Mailman says, be prepared for a fight. I went to see my Bank. They agreed an overdraft (based on money owed) so that I could draw money from my Company in the interim period - that eliminated some of the stress.

Good Luck!

[Mailman]

Write a final demand letter giving them 7 days to cough up and failing that you will lodge papers with the small claims court to recover the money owed to you.

As long as everything is as you say it is the agents really dont have a leg to stand on. As the old saying goes, give em an inch and they'll take a foot and before you know it you wont have a leg to stand on!

Also, who are these dodgy scum who are refusing to pay you?

Mailman

[Phoenix]

The Gel is for his hair?
I thought he was in need of lubicant

[Rebecca Loos]

[still_off_topic]

Not sure if she mates with Agents though

You talking 'bout me?
I don't mind agents, as long as they are a bit on the dishonest side (plenty to choose from then) and not afraid to bend the rules.... in my favour of course.

I am sure Dodgy is a very good agent in that respect. We all know he has a business plan currently which he is implementing. Now that's not something you see with every agent. Kudos and respect are due here.

Having said that, the hair gel and buckles look..... no. I see plenty of that in the insurance world in which I have the misfortune to gravitate these days. I believe this look is also called "barrow boy", only it is barrow boy who has turned a bit old and paunchy.

But I am sure Dodgy wears his hat with class and does not wear buckles and hair gel, and hopefully not because of lack of hair.....

[Phoenix]

They like a bit of rough with hair gel and buckles

It's the uni-brow the cross-eyes and the orange skin tone I dont understand.
But ........whatever turns them on!

[NMA fanatic]

Thanks all.

By the way no new contract, hence the money thing being a bigger problem than it would otherwise be.

I got an email this morning from the client saying the problem is not with them. It's the bloody agency refusing to pay up.

I have copies of signed timesheets and emails.

Now searching for a contract solicitor.

Once again thanks all.

[DodgyAgent]

Best get hold of Becky then....She normally has to wait till Friday for a "hard" one.
Not sure if she mates with Agents though

They like a bit of rough with hair gel and buckles

[Phoenix]

I am having my "hard" day Phoenix

Best get hold of Becky then....She normally has to wait till Friday for a "hard" one.
Not sure if she mates with Agents though

[DodgyAgent]

You cynical bar steward you.
The poor guy is probably in love!!

Phoenix in "flowers in your hair "mode

I am having my "hard" day Phoenix

[Phoenix]

In other words you have been offered another contract that is better paid and closer to home.

DA in "heard that one before" mode

You cynical bar steward you.
The poor guy is probably in love!!

Phoenix in "flowers in your hair "mode

[DodgyAgent]

I had to leave a contract due to my gf having a bit of a breakdown at the moment,
Many thanks.

In other words you have been offered another contract that is better paid and closer to home.

DA in "heard that one before" mode

[Churchill]

It is much easier to get a girlfriend than a contract.

What are you going to do the next time she's feeling a little flaky?

Get rid and find one that doesn't break down.

[boredsenseless]

Hi everyone, I'm a newbie just registered.

I had to leave a contract due to my gf having a bit of a breakdown at the moment, and thus could not concentrate on job working away from home. I gave them the week notice stipulated in the contract. Client signed my last 2 timesheets and we departed quite amicably. That is until the agency approached them for payment, they refuse to honour the time sheets. In return the agency will not pay me. All this in a time of personal crisis, when I need the money more than ever.

Any one got any ideas on where I stand legally?

Many thanks.

Did you keep copies of the timesheets and any emails etc that show the client split was amicable? If so take these along to the solicitor as well as they show that you acted in good faith. Otherwise you will be into a your word against theirs situation and thats going to be a tough and long ride.

[Lucifer Box]

If all is at face value and as you present it, you are legally in the right. If you are "opted in" it is illegal for the agency to refuse to pay you on the grounds that they have not themselves been paid. If you are "opted out" it would seem that they are in breach of contract in any case.

Find a local contract solicitor (from a personal recommendation if possible) and take advantage of their initial free consultation to find out your options. Search these boards, several people here have (or are in the process of) taken their agents to court successfully for unpaid fees.

You may find they pay up at the sight of a solicitor's letter, but you may have to go to court to get your money. Have you the stomach for the fight?