Small claims - Agency outside of UK

**northernladuk** · 1 March 2019, 13:40

You can't take them to small claims at all at this stage. You've technically not lost anything because your money is stuck in delays. Nothing there says you will never be paid so it's not a claim yet. You could argue it's outside of the payment terms of the contract and they've breached contract but I don't believe late payment is a real reason for breach either. Anyway, you've got to spend money to go legal on that.

You are still in negotiation phase so forget any claims. If you start threatening to sue them they'll know immediately you've no idea how the process works and it'll harm you even more. They know they can take the piss more while you thrash around aimlessly.

You can however point them at the Late Payment Of Commercial Debts act and advise them you will start charging interest on the payments from x date should their be any further delays. Make sure you understand the act though. Say something daft and again they'll pull your pants down.

Late Payment of Commercial Debts (Interest) Act 1998
Late commercial payments: charging interest and debt recovery: Interest on late commercial payments - GOV.UK

Plenty more on google.

The other thing you can do, which it appears you have is down tools. Agencies lose commission if you aren't work and it pisses their clients off so this one tends to make them sit up and think as well.

Try all that first before seeking legal routes.

Also have a look at The Late Payment of Commercial Debts Regulations 2013 - Pay on Time and see if there is anything there that will help you.

All the above said, i've no idea how this affects foreign agents sorry.

**Lance** · 1 March 2019, 14:42

are you sure your contract is with a foreign agency?
That would surprise me greatly. The agent might be in India. The back office might be in India.
I can only see difficulties for the client, the agency and the contractor if foreign.

For a start the moving of monies from the UK to India and back will be complex. And that's before you get into other legislation.

I would put good money on the actual situation being that you're contracted to UST Global in the UK.

Like this UST GLOBAL PRIVATE LIMITED - Overview (free company information from Companies House)

or this UST GLOBAL INVESTMENTS (UK) PRIVATE LIMITED - Overview (free company information from Companies House)

**WTFH** · 1 March 2019, 14:56

Originally posted by jayjay69 View Post

Started on Jan 28th .

OK, so you have completed 4 weeks of the contract (before CoB today)

Originally posted by jayjay69 View Post

At the moment they owe me 6k as of today this is for five weeks worth

If you haven't completed 5 weeks of work and their terms are 30 days, how can they owe you for 5 weeks of work? At most, if you invoiced at the end of week 2, then you are at least a week away from the first payment being due.
Which might explain this:

Originally posted by jayjay69 View Post

and will not confirm a payment date just stating it will be next week at the start

Could these two be linked?

Originally posted by jayjay69 View Post

They were due to pay me today but blamed it on incorrect invoicing and unauthorised time-sheets which is all bull

Originally posted by jayjay69 View Post

I am also unable to enter time-sheets due to their cr@p online portal

Could these two be linked?

Originally posted by jayjay69 View Post

the agency is blaming a firewall blocking the emails.

Originally posted by jayjay69 View Post

Trying to send emails is just resulting in emails bouncing back

Sorry, you seem to be getting worked up over an agency who aren't due to pay you until next week - at which point it will be for 2 weeks work, but you think they are due to pay you more?
The issue isn't with where the agent is based, but possibly with your understanding of the contract and payment terms.

**jayjay69** · 1 March 2019, 15:00

Originally posted by northernladuk View Post

You can't take them to small claims at all at this stage. You've technically not lost anything because your money is stuck in delays. Nothing there says you will never be paid so it's not a claim yet. You could argue it's outside of the payment terms of the contract and they've breached contract but I don't believe late payment is a real reason for breach either. Anyway, you've got to spend money to go legal on that.

You are still in negotiation phase so forget any claims. If you start threatening to sue them they'll know immediately you've no idea how the process works and it'll harm you even more. They know they can take the piss more while you thrash around aimlessly.

You can however point them at the Late Payment Of Commercial Debts act and advise them you will start charging interest on the payments from x date should their be any further delays. Make sure you understand the act though. Say something daft and again they'll pull your pants down.

Late Payment of Commercial Debts (Interest) Act 1998
Late commercial payments: charging interest and debt recovery: Interest on late commercial payments - GOV.UK

Plenty more on google.

The other thing you can do, which it appears you have is down tools. Agencies lose commission if you aren't work and it pisses their clients off so this one tends to make them sit up and think as well.

Try all that first before seeking legal routes.

Also have a look at The Late Payment of Commercial Debts Regulations 2013 - Pay on Time and see if there is anything there that will help you.

All the above said, i've no idea how this affects foreign agents sorry.

Thanks for the links on late payment , yes technically they have breached the 30 days period.
That said the threat of down tools and a scathing email to my account manager seems to have had an impact as I have received mail today to say payment will be made on Tues or Wed again not ideal as it means a waiting game but the fact the client has called them incompetent has also added weight behind my issue. It is the first time the client has used this agency and they are not coming across in a good light ! The manager I report to has had to authorise the same timesheet over three times now ! He has said he will no longer recommend them but he's on my side being an ex contractor himself.
Apparently two contractors previously to me walked out after a week the agency were so bad and they were having difficulty trying to fill the role but I don't want to let it go especially as I have invested my hours in it , and the fact it's guaranteed work for at least a year but I am not prepared to be made a mug of ! If they cannot get a four day payment sorted out how will they sort out two weeks ?
I will see how it pans out next week but would like to gauge opinion on here, would you commit another week if your guaranteed payment on the 28th is six days late ?

**WTFH** · 1 March 2019, 15:06

Originally posted by jayjay69 View Post

Thanks for the links on late payment , yes technically they have breached the 30 days period.

Do you understand payment terms?

30 days payment terms = 30 days from the date of invoice.
Bi-monthly invoicing means you can submit two invoices a month, so the earliest invoice you could have submitted was two weeks after starting.
That invoice would cover the previous 2 weeks of work.

If you submitted an invoice on Monday 11th February - 2 weeks after starting - then it would be due 30 days from Monday 11th February, which is Wednesday 13th March.

**WTFH** · 1 March 2019, 15:13

It's like deja-vu all over again...
https://www.contractoruk.com/forums/...-passwors.html

**jayjay69** · 1 March 2019, 15:32

Originally posted by WTFH View Post

OK, so you have completed 4 weeks of the contract (before CoB today)

If you haven't completed 5 weeks of work and their terms are 30 days, how can they owe you for 5 weeks of work? At most, if you invoiced at the end of week 2, then you are at least a week away from the first payment being due.
Which might explain this:

Could these two be linked?

Could these two be linked?

Sorry, you seem to be getting worked up over an agency who aren't due to pay you until next week - at which point it will be for 2 weeks work, but you think they are due to pay you more?
The issue isn't with where the agent is based, but possibly with your understanding of the contract and payment terms.

I started 28th and it's now 1st March thats 5 weeks !
I was owed 4 days pay from the 31st , on a 30 day period that takes it to the 2nd March but payroll is not run a weekend so goes back to today the 1st which was confirmed. I had to manually email the time-sheet conformation and invoice due to the fact they did not set up my portal access in time, may I add that I accepted the contract on the 21st of Jan so that gave them at least time to set me up portal access IMO. Submitting manually was accepted on the 5th Feb.

I am aware of the 30 day terms of payment my concern is that they have made such a b@lls up of 4 days how can i trust them to pay me two weeks on my next pay run the 17th Feb, being a Sunday this should go back to 15th being the Friday ! On the portal it says my last time-sheet and portal has been accepted and to be paid on the 17th .

The fact I mentioned 5 weeks is what I have worked so that's what they owe me for and shows I am committed to this contract when I get it may be another thing.

Oh I still cannot access my timesheet portal which has now been restricted and nobody is responding to my emails probably because their on India time and gone home !

**WTFH** · 1 March 2019, 15:37

Originally posted by jayjay69 View Post

I started 28th and it's now 1st March thats 5 weeks !
I was owed 4 days pay from the 31st , on a 30 day period that takes it to the 2nd March but payroll is not run a weekend so goes back to today the 1st which was confirmed. I had to manually email the time-sheet conformation and invoice due to the fact they did not set up my portal access in time, may I add that I accepted the contract on the 21st of Jan so that gave them at least time to set me up portal access IMO. Submitting manually was accepted on the 5th Feb.

I am aware of the 30 day terms of payment my concern is that they have made such a b@lls up of 4 days how can i trust them to pay me two weeks on my next pay run the 17th Feb, being a Sunday this should go back to 15th being the Friday ! On the portal it says my last time-sheet and portal has been accepted and to be paid on the 17th .

The fact I mentioned 5 weeks is what I have worked so that's what they owe me for and shows I am committed to this contract when I get it may be another thing.

Oh I still cannot access my timesheet portal which has now been restricted and nobody is responding to my emails probably because their on India time and gone home !

You have worked 5 weeks at close of business today.

What dates did you submit your invoices? And how many days were on each one?

So, you are ranting about 4 days of invoices which isn't due to be paid until next week - even you agree that - but you've already decided they are late (which they are not) and that they will never pay you for the work you did?
They haven't messed up 4 days of invoicing, you seem to have misunderstood it, and immediately decided you need to take them to court! Just like the last time, you've decided to discuss your contract with the end client. It's not going to end well for you.

**NotAllThere** · 1 March 2019, 16:20

Originally posted by jayjay69 View Post

I started 28th (January) and it's now 1st March thats 5 weeks

Given your post from last year, consider this. If you smell dog sh*t everywhere you go - check your shoes.

Start: Monday 28th January
First invoice issued: Friday evening 9th February for two weeks effort
Agency receive invoice next working day: Monday 11th February
Invoice due 30 days after receipt: 13th March.

Today's date: 1st March... 12 days to go before payment.

Which part of The 30 days is from the date of the invoice, not the date you began the work you invoiced for are you failing to understand?

Small claims - Agency outside of UK