HELP!!! Accused of fraud!

[JasonC]

Guys i'm having a real nightmare at the moment. and i need help really bad.

I've only been contracting for the last 2 years and i haven't had any problems until now.

I took a short term contract (1 month) , paid weekly, the client was desperate for somone as the guy i was replacing left them in the lurch when he bailed.

I worked my butt off to get the project complete, often putting in more hours than i put on my timesheet, the work was delivered successfully and on time.

I was too stupid not too see this coming but , whenever i went to get my timesheets signed , they dodged it, different excuse each week, i should have left on the first occasion it happend. i called my agency(a VERY large one) who promised to get it sorted.

In the last week things came to ahead and got a little bit heated but after a fight i got the timesheets signed. Basically i refused to had over the work until signed timesheets were in my hand.

The next week i got paid no problem and got on with fnding another contract and putting the whole thing behind me until i got a call from the agency. The client has claimed that the timesheets are not authorised!!!!!

The client is claiming i forged them and refusing to pay the agency. The agency is now demanding i hand over the original timesheets to them or they will get the police involved.

i need to make one thing ABUNDANTLY clear. I did NOT forge the timesheets.

So now i havent got a clue where i stand, i've got a meeting with a solicitor on monday but was hoping you guys would have an ideas on this situation?

[chris79]

I would have thought innocent until proven guilty..

If you didn't forge them then let the Police investigate, might work in your favour?

If the client refuses to pay then surely it would be a court case to reclaim outstanding debts owed to you?

Probably best to speak to your solicitor though to find out where you stand. Good luck!

[Ardesco]

Did you opt out?

If you were opted in you don't need timesheets anyway and it is the agency's problem not yours.

[Sockpuppet]

If you have the original time sheets then you are laughing.

[NotAllThere]

First - don't panic. Second - don't panic.

The agency threatening to get the police involved may well mean that some jumped up little pipsqueak of a salesman couldn't handle the client, and is trying some heavy handed threat to get you off their back.

In your position I would do the following:

1) Get legal advice - if you're a contractor in the UK, and are a member of the PCG phone their helpline. If you're not a member, think now about why it would have been a good idea to join! ( fwiw, I am overseas and am not a member ). Without legal advice do not talk to the client or the agent. If they ask say "I'm sorry, I can't talk to you, I'm taking legal advice".

2) Immediately, and seperately from any other action, start a dunning process against the agency, which could culminate in court action for non-payment of debt. See www.payontime.co.uk for the procedures.

3) Invoice your legal costs to the agency. You might not get them paid, but it's good for a laugh.

4) Do not get pressurised into doing ANYTHING. Call their bluff. Let them stew.

You might also like to consider that the agent or client accusing you of fraud is slander. Or libel if it is written.

All the above is on the assumption that you are in fact innocent, and not a recently banned member of this group.

[Lewis]

Ok I don't really know what I am talking about but my thoughts are as follows:

(1) It is the agency that owes you money and not the client.
(2) Don't give up your one piece of evidence (the original timesheets) send them copies.
(3) Allow the agency to get in the police in if they so wish, you are innocent. By cooperating fully it helps to demonstrate this and it may result in your innocence being proven - however I can't see the police DNA testing the timesheet, I'd be surprised if they were even bothered.
(4) Play tough and make it clear to the agency you are owed money by them.
(5) Possibly start a claim against them now (smalls claims court ??).
(6) Is the client saying you did no work? Or are they unhappy with the work done?
(7) Do you have any other proof you were there on client site?
(8) Did you opt out of the agency regulations BEFORE you were introduced to the client. If not make this clear to the agency.
(9) Are you a PCG member, if so, contact them.

Good luck and stay firm, don't let them bully you. Agents spout all kinds of cr%p. I suspect involving the police is just that. Demand your payment and threaten court action in return (and go through with it)!.

Let's have a name and shame as well.

[chris79]

Whilst we might not see eye to eye in other departments NotAllThere, that post above (yours) is one of the best I've read on here, some good advice and tactics.

[NotAllThere]

Cheers!

I hate bullies with a deep, profound loathing. I'm not a big fan of deception and lies either.

...or where you referring to the skiing information in my sig?

[chris79]

Hah, I'd like to think my posts are tongue in cheek humor, not deception.. but sometimes it's hard to convey that across a forum embodied in text.

Anyway, yeah your post is good! Exactly how I would deal with it myself if it happened to me, only I've no experience of the full process to follow and you pretty much dished it all out for the OP, n1!

[NotAllThere]

I just want to add, to the original poster, please let us know how this turns out. I hate only knowing the beginning of the story.