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Agency claiming they can't change rate midweek

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    Agency claiming they can't change rate midweek

    Long time lurker, first time poster.

    My contract was due to finish on a Wednesday but I agreed a short extension at a substantially higher rate. I have a new contract signed by the agent starting from the Thursday on the higher rate. After attempting to raise an invoice for the week in which the rate changed the agent has said that:

    1. They are unable to change rates midweek.
    2. Because of this they asked the client (without my knowledge) if the new rate should start from the Monday before or after and (unsurprisingly) the client said the week after.
    3. If I have a problem with losing the two days of additional rate I should take it up with the client myself.

    Is it me or does this seem kind of odd?

    #2
    This is odd. Talk to the client.

    Never be afraid of talking to the client if you have an issue with an agency. Just make sure it's not a moan. Some clients think agencies cheat them so will want info from you, whilst others don't care and will quickly tell you so.
    "You’re just a bad memory who doesn’t know when to go away" JR

    Comment


      #3
      Mine did this too. I didn't believe them either, but couldn't be arsed to make a big deal of it.

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        #4
        Erm. Just delay the invoice for the next week?
        I was an IPSE Consultative Council Member, until the BoD abolished it. I am not an IPSE Member, since they have no longer have any relevance to me, as an IT Contractor. Read my lips...I recommend QDOS for ALL your Insurance requirements (Contact me for a referral code).

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          #5
          ...

          Originally posted by Scruff View Post
          Erm. Just delay the invoice for the next week?
          +1 KISS principle is usually best.

          Comment


            #6
            Originally posted by NeverBackToPerm View Post
            Long time lurker, first time poster.

            My contract was due to finish on a Wednesday but I agreed a short extension at a substantially higher rate. I have a new contract signed by the agent starting from the Thursday on the higher rate. After attempting to raise an invoice for the week in which the rate changed the agent has said that:

            1. They are unable to change rates midweek.
            Have you asked why they agreed the new rate from the start of the extension but will not pay it? If they've signed it, they should pay it.

            2. Because of this they asked the client (without my knowledge) if the new rate should start from the Monday before or after and (unsurprisingly) the client said the week after.
            Erm, the agency has a contract with you for the higher rate. Why are they asking the client after they agreed the increase with you?

            3. If I have a problem with losing the two days of additional rate I should take it up with the client myself.
            No (imo). Your contract is with the agent. You need to press \ threaten them with material breach ie agreeing higher fee but not paying it.

            Is it me or does this seem kind of odd?
            Seems to me the agent just 'agreed' to pay you the substantially higher rate to get you to sign the extension.

            I know others will think different but I think you need to threaten the agent with legal action if they dont pay the agreed rate from the agreed start date whether its 2 days or 20.
            I couldn't give two fornicators! Yes, really!

            Comment


              #7
              Originally posted by Scruff View Post
              Erm. Just delay the invoice for the next week?
              Invoices are automatically produced from timesheets so to achieve the correct amount I'd have to leave off Thursday and Friday and move those hours to Saturday and Sunday the following week.

              Also note that I agreed the new rate directly with the client and then informed the agent.

              Comment


                #8
                Originally posted by NeverBackToPerm View Post
                Invoices are automatically produced from timesheets so to achieve the correct amount I'd have to leave off Thursday and Friday and move those hours to Saturday and Sunday the following week.

                Also note that I agreed the new rate directly with the client and then informed the agent.
                Your contract is with the agency, whatever you agreed with the client unfortunately counts for nought.

                If the agency never offered to extend from Thursday at the higher rate then they're not breaking any contract, i.e. you have to negotiate. I would go back to the client and explain. I don't think it will be a problem because it seems to be a problem with their invoicing system so they can probably adjust the rate to compensate.
                I'm alright Jack

                Comment


                  #9
                  Originally posted by NeverBackToPerm View Post
                  Long time lurker, first time poster.

                  My contract was due to finish on a Wednesday but I agreed a short extension at a substantially higher rate. I have a new contract signed by the agent starting from the Thursday on the higher rate. After attempting to raise an invoice for the week in which the rate changed the agent has said that:

                  1. They are unable to change rates midweek.
                  2. Because of this they asked the client (without my knowledge) if the new rate should start from the Monday before or after and (unsurprisingly) the client said the week after.
                  3. If I have a problem with losing the two days of additional rate I should take it up with the client myself.

                  Is it me or does this seem kind of odd?
                  1) Shouldn't be your problem - if their system cannot cope with the change, then they shouldn't do mid-week contracts. Offer to sell them some expert consultancy services which helps to fix that problem for them.

                  2) Your contract is with the agency, not with the client. Nice of them to discuss it with the client, but this is really nothing to do with the client.

                  3) See 2 - it's nothing to do with the client, it's to do with you and the agency.

                  Since this is a short-term extension, I would keep quiet for a bit, keep invoicing for the extension and make sure you get all those invoices paid. THEN, go back to the agency, tell them you have taken professional legal advice and you had a contract to be paid the higher rate for those two days, and invoice for the difference. When they don't pay (which they won't at first), charge interest and penalties. When they still don't pay (which they won't), file a small claims court claim for the missing money, which you will win as long as you turn up, if it gets that far.

                  Good luck - you are in the right here, but rather than kick up a fuss now and risk the rest of the invoices being delayed, I would do it for the difference afterwards once the bulk of the cash is in your pocket.
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                  Comment


                    #10
                    I would simply invoice them for the balance outstanding and remind them of the late payment rules. Not your problem if their systems are badly built, they can still pay invoices if they choose to (how do they buy all their other services, do you suppose?) and why do you care how the money reaches your account as long as it does?
                    Blog? What blog...?

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