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Agency won't pay full invoice value

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    Agency won't pay full invoice value

    I wonder if anyone can advise me on the following - perhaps its happened with you.

    I recently ended a contract early - I worked at the place for 8 months and gave notice as per terms of contract, which I then worked, and then left 1 week before month end - leaving my timesheet with a contractor colleague to be signed off with all other contractors timesheets at the end of the month.
    At the month end I issued my invoice to the agency as usual, and got a phone call a day or so later saying that the client would only authorise 13.5 days and not 14, and that if I didn't re-invoice with 13.5 days I wouldn't be able to be paid.
    I did this to cover myself in the first instance - and make sure I got at least some of the money, and then decided against this the following day, and told the agency I wanted the full 14 days. I was employed on a daily rate in the terms of the contract, and was prepared to wait for the dispute to be resolved and the full invoice value to be settled.
    After questioning the 13.5 days, the agency told me that the client said I left early one Friday in the week before I left. I did. I emailed my line manager to say I had to leave a bit earlier and would make the time up the following week. I left approx 40 minutes earlier - about 2.20pm instead of my usual 3pm Friday finish (for a 130 mile trip home).
    The agency are saying that the client won't accept 14 days - and hence they won't pay me 14 days.
    I'm sure there must be a breach of contract or something here - in the first instance - the rate negotiated was daily, and not half-daily. I worked more than half a day - about 90% based on previous Friday hours.

    Can anyone offer any advice. I'm really looking to recover the 1/2 day here and am considering small claims court.

    #2
    Take the hit. Getting paid even though you went home will be a pointer to IR35. Also emailing the line manager to get stuff like that agreed will also point to IR35.

    Its probably sour grapes on the clients part but its only half a day £200 at max. I know £200 is £200 but come on are we really that desperate.

    Now I dont know what hours you do but if the contract was worded right then you shouldnt be on an hourly rate but on an deliverables and if these were met then you are a winner.

    Personally I'd let it go and at least have a semi favourable position with the pimp instead of we never want to touch you again even if you can earn us money approach.

    Comment


      #3
      Accept the 13.5 days and treat is as a lesson learned. Big rule in contracting - don't burn your bridges with a previous client, you may need them one day or they may have work and come back to you.

      If you want to go further - have you got the manager's reply to your mail (which, incidently is a pointer to you being caught by IR35). If you haven't you can forget it...

      I would only start legal proceedings if if was a substantial loss and I wasn't a naive newbie. This is a piffling 'Point of Principle', not a serious business impact.

      Sorry to be negative but it's rough out there and you can't afford to fight every slight. Just don't make the same mistake* again.

      (*Leaving an unsigned timesheet for someone else to get signed.)
      Last edited by cojak; 3 January 2007, 21:44.
      "I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
      - Voltaire/Benjamin Franklin/Anne Frank...

      Comment


        #4
        If you dont have a signed timesheet, then forget it.
        What happens in General, stays in General.
        You know what they say about assumptions!

        Comment


          #5
          I have a signed timesheet. I signed it before I left. It's was normal for me to sign it, and then have the client sign it off last. The client changed the timesheet after I signed it and without raising it with me or the agent.

          I realise I may be burning my bridges with this client/agent, but I would say that I've already done that having made a fuss in the first place. I believe that the client are trying to penalise me financially for ending the contract before its natural end. They've said I left early on a Friday, but I was not the first contractor to leave. 2 others left to travel 100+ miles home around lunch time, and I left around 2.30 - but because I'm not coming back kind of thing - I feel they've decided to dock me half a days pay without even discussing it with me, or the agent, before they did so.

          If we go through life and suffer these financial penalities when we decide to leave a contract to go in search of a role that we're going to be happer in, and just accept it because its sub-£200, then I don't think thats a good thing.

          Comment


            #6
            How much is your time worth?

            Chasing it through the SCC is going to cost you more than half a day then you have to take time from the new placement.

            Comment


              #7
              Originally posted by NewCon4

              If we go through life and suffer these financial penalities when we decide to leave a contract to go in search of a role that we're going to be happer in, and just accept it because its sub-£200, then I don't think thats a good thing.
              That's the real problem. Never leave a contract before it's finished without a very good reason - a "happier job" is not a good reason.

              You've screwed up. Live and learn.
              Blog? What blog...?

              Comment


                #8
                Get legal advice. If that advice is that have been ripped off (As you say, you have a signed time sheet for the week in question and time made up) then....

                Write a letter or email to the agent and client stating your intention to recover all monies owed. Tell them that you will be adding the cost of recovery to the original bill. I would cc a copy to your solicitor too.

                Tell them that your daily rate for a short term contract (less than a week) is 1K per day. The rate agreed with them was for a long term contract.

                Note.
                As you say you were on a daily rate. They could argue that as you did not do a full day they are being more than generous paying you a half day.
                I am not qualified to give the above advice!

                The original point and click interface by
                Smith and Wesson.

                Step back, have a think and adjust my own own attitude from time to time

                Comment


                  #9
                  Im surprised some of you call yourselves businessmen and would be happy to let clients do this to you.

                  Seek legal advice and then unleash the hounds on their arses. After all, you owe it to your shareholders to recover all monies owed to the company.

                  Mailman

                  Comment


                    #10
                    Originally posted by Mailman
                    Im surprised some of you call yourselves businessmen and would be happy to let clients do this to you.

                    Seek legal advice and then unleash the hounds on their arses. After all, you owe it to your shareholders to recover all monies owed to the company.

                    Mailman
                    Hell has frozen over.. I actually agree with Mailman on this.

                    Comment

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