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Getting Paid?

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    Getting Paid?

    Bit strange for a first post. I've been reading this forum for a while now and am pretty much starting out as a private contractor under my own company. I've signed up to ask this because I'm having issues getting paid for various bits of work I've completed on the same contract. It's totalling about £1600 now and in addition to this I think I've been shorted about £400 in overtime rates from work completed earlier in the year. The second part is probably down to my naivity, but also a ridiculous timesheet system. I have been paid before on this contract, but it's just turned into a joke/farce it's not worth investing any more time chasing it through the agency. This has been going on since November now.

    I'm struggling to find the next step for legal action. I understand that you require a letter before action 7 days before requesting full payment... But then I find that may have changed since 2017. I have only been working as a contractor this year.

    What would be the process for this... And I understand the the HMRC provide some sort of litigation service now that has to be completed a very specific way, but I've not been able to find the site with the guide again, it had instructions on how to correctly complete the forms to prevent being charged or missing a step, but every google search takes me back to LBA which might be out of date information or 'online tax calculators' or 'how to invoice'

    #2
    Originally posted by userror View Post
    Bit strange for a first post. I've been reading this forum for a while now and am pretty much starting out as a private contractor under my own company. I've signed up to ask this because I'm having issues getting paid for various bits of work I've completed on the same contract. It's totalling about £1600 now and in addition to this I think I've been shorted about £400 in overtime rates from work completed earlier in the year. The second part is probably down to my naivity, but also a ridiculous timesheet system. I have been paid before on this contract, but it's just turned into a joke/farce it's not worth investing any more time chasing it through the agency. This has been going on since November now.

    I'm struggling to find the next step for legal action. I understand that you require a letter before action 7 days before requesting full payment... But then I find that may have changed since 2017. I have only been working as a contractor this year.

    What would be the process for this... And I understand the the HMRC provide some sort of litigation service now that has to be completed a very specific way, but I've not been able to find the site with the guide again, it had instructions on how to correctly complete the forms to prevent being charged or missing a step, but every google search takes me back to LBA which might be out of date information or 'online tax calculators' or 'how to invoice'

    OK, first off, how long have you been working as a contractor? You mention "this year" but sometime people think we're still in 2019 by mistake.
    Next: timesheets. Most contracts will not pay you without a correctly submitted and approved timesheet. If you're saying you haven't filled in the timesheets because they are complex, then that will be the agent's reason for not paying you.
    So, check your contract. See what it says about when you'll get paid, what you need to do to make sure you get paid, etc.
    Next, SPEAK TO YOUR AGENT. Ask them politely why they are not paying you.

    Finally, HMRC and everyone else are not going to provide you with much help. You're a business, if the business is having problems with another business, you need to get legal advice. There's plenty of solicitors out there who will be able to draft up proper letters, but they will cost £200-400 per hour.

    Sorry if that's not what you were hoping to hear.
    …Maybe we ain’t that young anymore

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      #3
      I have worked as a contractor since June last year. I took my first job as temp with them as umbrella. I have been paid for work on this contract back in September and part of November. The money owed relates to November and December 2019. So this tax year, last calendar year.

      Ultimately the agency and I know what the issue is... It's the client's portal... It's impossible to submit hours correctly in clients portal because of how it is set up. Agency is happy for me to resubmit it (4 times now) but it's never chased I have to wait a week or longer inbetween. I'm told they're chasing it when I know they're not, because it's been 4 times now and it just sits there and is never approved unless there is some sort of chase. It's actually far more of a farce than the last sentence gives it credit for, it's like a catch 22 thing. I can't even speak directly to someone on the clients portal. One week someone on the clients portal side actually went in there and amended rates for me, then submitted them on my behalf with the wrong hours, that time they were approved. But I had to spend 2 weeks getting that undone... where I was asked why I submitted them like that if I knew the hours were wrong. It just goes on and on like that for 8+ weeks now.

      I just need to be prepared to take the next step or know what it is. This is just tipping past patience and politeness. I am convinced they will let this go on and on indefinately and I'm just chasing some little ticket that's opened and closed in the clients portal ticketing system and nothing will be done unless the actualy agency is made liable for it, or at least the actionable threat is there.
      Last edited by userror; 23 January 2020, 12:57.

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