Agent issue

[ross]

All,

This happened to my girl friend, she was a newbie contractor ( her first contract) 2 years back and her agent didn't pay her for last 2 months work. Her assignment was for a big client and they paid him but he didn't pay my girl friend. She was working through umbrella company and they said they cant do anything. In the mean time we tried to chase that agent and in vain , he didn't pick his phone ..etc. My girl friend filed a case against that agent and obtained a CCJ, but nothing moved really. Depressed my girl friend moved to perm role afterwards ( still a permie now!)

Further to her pain she noticed recently that the agent revamped his site and is in business now in same name.(his linked-in status is also recently updated)

Can any one suggest how shall we proceed now? it happened nearly 2.5 yrs back and I believe the CCJ is valid only for 6 months. it is about 10k. He didn't pay a few other contractors also, its really bad!! Any advice is much appreciated!

<mod> Hi Ross, this forum does not allow text speak (apart from the odd LOL ) Please use normal written English when
you post again. </mod>

[Wanderer]

My girl friend filed a case against that agent and obtained a CCJ, but nothing moved really.

Was the CCJ against the agent personally or the agent's Limited Liability Company? If against the agent personally then you can probably still enforce it. If it's against the company, check to see if it's still trading - most likely it's been "phoenixed" and is trading under a different name in which case you can probably do very little except move on.

It's cold comfort, but these days you can get insurance against agency failure, check out the PCG for example.

[AussieDigger]

First thing, write to the courts and make them aware that the company is still trading under the same name and ask the CCJ be re-opened and pursued via Bailiff (if possible).

Secondly, engage a debt recovery agency to pursue the agency.

Thirdly, I'd ring the agency (maybe this is first) and make them aware they are still trading and then request (or demand) they pay up, that a CCJ has been awarded and you will pursue it through the courts.

Finally, see if the agent is registered with either APSCO or REC etc and file a complaint with them.

There's loads you can do to enforce your position.

[pmeswani]

First thing, write to the courts and make them aware that the company is still trading under the same name and ask the CCJ be re-opened and pursued via Bailiff (if possible).

Secondly, engage a debt recovery agency to pursue the agency.

Thirdly, I'd ring the agency (maybe this is first) and make them aware they are still trading and then request (or demand) they pay up, that a CCJ has been awarded and you will pursue it through the courts.

Finally, see if the agent is registered with either APSCO or REC etc and file a complaint with them.

There's loads you can do to enforce your position.

Personally, I wouldn't contact the agent directly. I would do it via a Solicitor / Lawyer and contact the Regulatory Body, if applicable, and then look to get the director of the agency disqualified from running a business.

[AussieDigger]

Personally, I wouldn't contact the agent directly. I would do it via a Solicitor / Lawyer and contact the Regulatory Body, if applicable, and then look to get the director of the agency disqualified from running a business.

Maybe, but by contacting the agency, if it goes to court or some other body, you can hold up that you've made every effort to get the agency to pay up.

The other option here is to contact the client, make them aware of the problem and ask if you can invoice them and get them to claw it back from the agent ! Might work !!!

[prozak]

All,

<mod> Hi Ross, this forum does not allow text speak (apart from the odd LOL ) Please use normal written English when
you post again. </mod>

apologies for being slightly off topic.

That is THE best mod interjection I have ever seen. Brilliant..

Though I is concerned dat you mite start doin grandma and spellching checking next!