Invoice unpaid by agent

[castoff101]

Some thoughts on the following please...

I am a limited company contractor still working at the client's office. Agency timesheet and invoice submitted beginning of November. Normally get paid within a week. This time still waiting for a payment. I asked the agent why the delay and reason given is that bank account “hacked” and cannot access. Also agency emails compromised. All email disabled so bouncing back!

Agent did contact me to offer another contact email but she is not replying after a few emails asking fo an update.

Also a few months back their office was closed and the business now appears to be home based. Only found out when I returned my signed contract and it came back a month later saying the agency was unknown.

The agents have been used by the client for around 20 years and I have had no issues with them for the past five years.

At this point in time October's invoice is outstanding and I will be sending in November's next week. However I am thinking of holding off submission until the first invoice is paid.

I have informed the client so they are aware, and I have been asked to keep them updated.

At the moment things are not adding up at all.

How can I limit my potential loss? Should I go on "Holiday" until the October invoice is paid?

I am a IPSE+ memeber so potential covered for the fitrst 10k.

Also there is a clause in the contract that says "...timesheets must be received by no later than 3pm on the 4th working day of the month following the month to which they relate."

and the following "The Employement Business shall not be obliged to pay any fees ... in accordance with the above..."

Is this a valid clause, or would it fall under "unfair terms".

Thank you

Alan

[Lance]

Carry on submitting time sheets. And Invoice as usual.
Tell the client you've not been paid and are not willing to do any more work.

Start looking for another contract.
Start dunning for the late invoice.

The story you've given suggests that the agency are going belly up, or are planning on going belly up with all your money. The client needs to know as they should withhold any payments to the agency until they know that the agency have sorted it out.

[ladymuck]

Never stop invoicing. How can you evidence a loss if you haven't invoiced?

[LondonManc]

Carry on submitting time sheets. And Invoice as usual.
Tell the client you've not been paid and are not willing to do any more work.

Start looking for another contract.
Start dunning for the late invoice.

The story you've given suggests that the agency are going belly up, or are planning on going belly up with all your money. The client needs to know as they should withhold any payments to the agency until they know that the agency have sorted it out.

This - plus suggesting to the client that you would have to go offsite as there is a contract breach and therefore potential insurance issue (can be bulltulip but I've heard it work in the past in that Yarkshire). Client could then offer to take you on directly as an associate, especially with this time of year not being great for finding a new contract.

[Paralytic]

The story you've given suggests that the agency are going belly up, or are planning on going belly up with all your money. The client needs to know as they should withhold any payments to the agency until they know that the agency have sorted it out.

This. Speak to your client. See if you can find out if your October invoice has been paid to the agency. If not, see if they can stop it (but might not be able to, legally).

[cojak]

Carry on submitting time sheets. And Invoice as usual.
Tell the client you've not been paid and are not willing to do any more work.

Start looking for another contract.
Start dunning for the late invoice.

The story you've given suggests that the agency are going belly up, or are planning on going belly up with all your money. The client needs to know as they should withhold any payments to the agency until they know that the agency have sorted it out.

Made immediately important bit bold.

And if it's a lot of dosh, I would contact Safe Collections and get them to deal with this - their commission is worth it.

[GhostofTarbera]

They are going pear shaped sir and shaggy dog stories are just that

Say you are walking off site until your October invoice is paid

This might get you some money (other poor sods might not be so lucky) As they try to juggle there cash flow


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[GhostofTarbera]

Ipse + membership might not actually help you unless they go bust (you might not get any dosh for many months )


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[castoff101]

Thank you all for your input.

A number have said continue invoicing. However that feels like I am just giving away most of my earnings. Their commission only forms a fairly small part of the invoice.

I was thinking by hanging on to an invoice I may be able to come to some arrangement with the client. I know that is unlikely but you never know!




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[BrilloPad]

When does your contract should be paid by?

Personally I would never have more than one invoice outstanding. Once the agency has broken contract, go direct with the client. IMO. IANAL.