Agency Supplier Refusing to Pay - Ignoring my request for Payment. Agency Supplier Refusing to Pay - Ignoring my request for Payment.
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  1. #1

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    Default Agency Supplier Refusing to Pay - Ignoring my request for Payment.

    Hello all,

    Long story but it is necessary to understand the matter in context.


    Had an issue with client so got terminated 6 week in to contract, this is not the problem.

    Payment is now being delayed as agency said timesheet was taking time to get approved by the client

    I threatened to escalate the matter directly to the client even though am no longer with the client.

    Agency then responded that client has approved the timesheet and I will be paid in due course.

    five to six weeks on, I have not been paid even though client has approved the timesheet as confirmed by the agent.

    Agent has specifically and strongly warned me not to escalate or get in contact with the client as I will be paid when the client has paid them!!

    Agency not responding to me, so am left with no choice but to go legal and escalate the matter. I am here, so to make sure it is done properly in my claim before going legal with the matter. I don't want to make any mistake or error in the process.

    It is obvious the agency is deliberately stalling and not interested in getting me paid.


    Below is the email I want to send to the agent and all the senior members of the agency before proceeding with small claims process as stated here When should I use the small claims court?

    The agency are a big name and brand with sites in the united states and europe and their client is a big known financial institution.

    ================================================== =====

    " Dear Agency Name,

    As per our last discussion on the phone, we agreed that friday the 23rd of august is when monies owed to my company should have been cleared in to my account, this has not happened as of yet.

    As indicated, if the timesheet has been approved as confirmed by ( Agency Name ), the next process should be payment to be made as supposed.

    If this is not the case, I will proceed in making contact with the finance, the public relations and HR department of ( Client Company ) to look in to why this is still a matter. It it also in their interest to be aware of this development as they will be included in the small claims case I intend to take out against ( Agency Name ) as the contract and services rendered was executed on their premises, (Client Name)

    I expect their legal team to respond strongly in this matter.
    I am left with no choice but to pursue this matter via this route as there is no satisfactory explanation why ( Agency Name ) are unable to make the payment of monies owed to my company and close this matter.

    The next contact I will be making with you on this will be the county court summons, please note, once this is lodged, the cost of lodging this claim will be added to the current balance owed.

    I also, will be making contact with my local newspaper that will be interested in running this story in their local periodical.


    Regards


    Name - signed "

    ================================================

    What do people think, I need to send a formal letter before making the court claim against the agent, is the email good enough and should I escalate it to the said client too.

    I have sourced the full names of the top partners of the agency and want to escalate the matter to them too.

    I am also "opted in" in the contract regulation

    Thanks everyone and sorry for the length.


    ====================================

    Result!!

    Just wanted to thank everyone for your contribution and suggestions.

    The Invoice was paid a few hours after this post was posted. Meaning that the agent did keep to their word on paying today the 23rd.

    Thanks once more.
    Last edited by sharemaster2; 23rd August 2019 at 17:57.

  2. #2

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    Lance's Avatar
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    don't threaten to breach the contract. Any dunning letter should not involve the client.
    If you are going to talk to the client it must be done on the QT (if at all).

    Keep it formal, polite and unemotional. Provide evidence of timesheets signed.
    Dunning (process) - Wikipedia

    Have patience. And make them do the work to find ways to not pay you.

    If you've not opted out they don't have a leg to stand on.
    If you are opted out but have signed timesheets they still don't have a leg to stand on (assuming the contract terms aren't really unfair to you).
    See You Next Tuesday

  3. #3

    Fingers like lightning


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    I think this will give them a Friday laugh

    Anyhoo the client probably has not paid them yet (probably 60/90 days payment terms) and they want to make sure they get paid as you got fired for a serious reason and they may change there minds not to pay you - did you get fired for not doing your job?


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  4. #4

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    Did you not get paid for the entire 6 weeks??

    One thing though is that you got terminated so really threatening to take them to court will not make you look good. I am sure there is some bad feelings across all parties and the one thing you need to do is come across a bit more professional. If agency gets paid, they will certainly pay your invoice. So give it a couple of months.
    Vote Corbyn ! Save this country !

  5. #5

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    Do not involve the client; your contract is with the agency.

    Reconstruct the letter to remove the client and of course the local press (!), state a date by when you expect payment otherwise, the next contact will be through your solicitor.

    Keep it neat, edited, clear, concise.

  6. #6

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    Quote Originally Posted by simes View Post
    Do not involve the client; your contract is with the agency.

    Reconstruct the letter to remove the client and of course the local press (!), state a date by when you expect payment otherwise, the next contact will be through your solicitor.

    Keep it neat, edited, clear, concise.
    bad idea....

    Stick to a generic dunning process with gentle escalation.
    If you threaten with big guns straight away then you incur unnecessary costs, or worse you back down from your threat and look like a twat.

    The agency isn't going to pay until they've been paid no matter what you threaten.

    Oh and if you end up in court not having given them chance to pay the judge will not look favourably on it either.
    See You Next Tuesday

  7. #7

    Respect my authoritah!

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    You do not escalate to the client. It is nothing to do with them.
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  8. #8

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    Quote Originally Posted by Lance View Post
    don't threaten to breach the contract. Any dunning letter should not involve the client.
    If you are going to talk to the client it must be done on the QT (if at all).

    Keep it formal, polite and unemotional. Provide evidence of timesheets signed.
    Dunning (process) - Wikipedia

    Have patience. And make them do the work to find ways to not pay you.

    If you've not opted out they don't have a leg to stand on.
    If you are opted out but have signed timesheets they still don't have a leg to stand on (assuming the contract terms aren't really unfair to you).

    Ok, will wait a bit longer, another month probably. See what happens. Will not send the email for now.

    Thanks for your input.

  9. #9

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    Quote Originally Posted by GhostofTarbera View Post
    I think this will give them a Friday laugh

    Anyhoo the client probably has not paid them yet (probably 60/90 days payment terms) and they want to make sure they get paid as you got fired for a serious reason and they may change there minds not to pay you - did you get fired for not doing your job?


    Sent from my iPhone using Contractor UK Forum
    Will give it another month at least and see what response I get as they may not have been paid. I executed a wrong code that will take time to fix. One of those things.

    Thanks for your input and will keep you updated.

  10. #10

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    Quote Originally Posted by fullyautomatix View Post
    Did you not get paid for the entire 6 weeks??

    One thing though is that you got terminated so really threatening to take them to court will not make you look good. I am sure there is some bad feelings across all parties and the one thing you need to do is come across a bit more professional. If agency gets paid, they will certainly pay your invoice. So give it a couple of months.
    Was not paid at all as I had just sent them first invoice before it went all south as they say.

    Will waite and give it time.

    Thanks for your reply.

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