I've been screwed - ish

[firehawk]

ok so I'm on crap money for my contract, which finishes tomorrow. was a 3 month contract with a 2 week extension.

anyway, the recruiter has been overcharging the end client for this overtime and undertime stuff, which i dont want nor does the client and we didnt agree on that at all. So, we have been raising our voices to the recruiter since well, april (end of march really). However they are so incompitent (spelling) or fixing things, even simple things like the end client's address.

I then get an email last week from the accounts/payroll saying that they are going to deduct x amount (alot actually) because of the overtime stuff. Now, thats not my fault at all and believe they should be the ones paying back the client from their ridiculous commisions they make per day.

Now they are refusing to pay my last 1.5 months worth of work.

Never had such a bad experience with this specific recruitment agent before. I said I wanted to talk to the person in person, answer "no" - but they have such a BAD Communication inside the payroll department. emails I sent or messages left via telephone is something they don't understand or follow so I thought me being the better person and professional, lets meet face to face and talk about it and resolve it but of course they arent giving me this option.

So, I have no next contract (credit crunch with companies and no new contracts coming around) and I have no 1.5 months worth of pay. This is also for the "right" hours I have been working.

What do I do? I am really upset and down as everything in my personal world is not going very well and no kidding, I'm right on the edge as well because of such people....

advice is much appreciated

[TheVoice]

The Late Payment of Commercial Debts Act is your friend. Add on a late payment fee, inform them of such & keep ramping up the action. Chase 2 hourly, give them 7 days.

Next level, fill out & send this form to them: http://www.insolvency.gov.uk/pdfs/forms/6-1.pdf

Give a further 7 days, if still no money then file a court claim. Most likely it wont go to court, they'll settle before because it'll be cheaper for them. You also have the option after further time (details on the form) to apply to have the company wound up.

End of the day, you do the work, you get paid.

I have a similar situation right now, I fill out agent timesheets not end client ones & agent pays on those. Client agreed to these terms & affirms that weekly as the agreement is also on agent timesheet. Agency is a great payer but client now saying they wont pay without their own timesheets. They obviously dont understand English law - German company you see. Just told the agent to remind them that we won the war & just stop moaning & pay. Dont do excessive paper trails me!

Good luck

[NotAllThere]

More information is needed, and clarity, though there is a basic principle that if you work, you do expect to be paid.

How are you set up? PAYE through agency, umbrella company or ltd.

What precisely do you mean by: "the recruiter has been overcharging the end client for this overtime and undertime stuff". Do you mean that you've worked overtime, and the agency have paid you for it, and the client has refused to pay?

[NotAllThere]

Having just visited general, it seems we need another item of information. What country are you working in?