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Raging Bull
15th August 2012, 17:47
Hi

I have just finished working for an IT support Services Company based in London that has moved the payment dates from one month to 2 months. They say they are entitled to do that even though they have not put this in their contract terms which I signed prior to commencing work.

When I submitted my invoice for payment they told me that they were going to contact all the clients I had undertaken work for and if any queries were raised on the time sheets that they were going to withhold payment. Thankfully I had been tipped off about this during the time I worked there and began videoing all the work I undertook on their behalf with the relevant dates and times.

They were a nightmare to work for and most IT contractors leave after 2 weeks. I am interested to know if any IT contractors on this forum have experienced similar issues and how they managed them. At some stage I am hoping to contact all previous contractors to see if we can mount the equivalent of a 'class action'. The 2 contractors I have spoken to that left just before I started are having the same problems getting paid.

Any advice would be gratefully received.

Thanks

Wanderer
15th August 2012, 22:00
I have just finished working for an IT support Services Company based in London that has moved the payment dates from one month to 2 months. They say they are entitled to do that even though they have not put this in their contract terms which I signed prior to commencing work.

They can't do that, they have to abide by their original contract.


When I submitted my invoice for payment they told me that they were going to contact all the clients I had undertaken work for and if any queries were raised on the time sheets that they were going to withhold payment.

They are well within their rights to verify that you have done the work you claim to have done. I presume you have a deliverable completed or signed time sheets from the clients?

If so then take a hard line with them, don't let them bullshit you around and stall for time. Make it clear to them that any queries must be raised promptly and you will take up the dispute directly with the client on the agency's behalf if there is any question whatsoever concerning the quality or delivery of the work you were engaged to carry out. The implication, though not a direct threat, is that the client will find out that the agency dicks it's contractors around and will be less inclined to work with that agency in the future.

Send them an email telling them that you expect the payment on time or you will add Interest and Penalties (https://payontime.co.uk/late-payment-legislation-interest-calculators).Make sure all discussion relating to this is in writing, agencies have a bad habit of coming out with a whole load of nonsense on the phone that they deny later.

Also do a search for "dunning" on this forum to understand the process of chasing a debt. Good luck and don't take any nonsense from them.

Safe Collections
16th August 2012, 09:40
They can't do that, they have to abide by their original contract.

They are well within their rights to verify that you have done the work you claim to have done. I presume you have a deliverable completed or signed time sheets from the clients?

If so then take a hard line with them, don't let them bulltulip you around and stall for time. Make it clear to them that any queries must be raised promptly and you will take up the dispute directly with the client on the agency's behalf if there is any question whatsoever concerning the quality or delivery of the work you were engaged to carry out. The implication, though not a direct threat, is that the client will find out that the agency dicks it's contractors around and will be less inclined to work with that agency in the future.

Send them an email telling them that you expect the payment on time or you will add Interest and Penalties (https://payontime.co.uk/late-payment-legislation-interest-calculators).Make sure all discussion relating to this is in writing, agencies have a bad habit of coming out with a whole load of nonsense on the phone that they deny later.

Also do a search for "dunning" on this forum to understand the process of chasing a debt. Good luck and don't take any nonsense from them.

As above :yay:




At some stage I am hoping to contact all previous contractors to see if we can mount the equivalent of a 'class action'. The 2 contractors I have spoken to that left just before I started are having the same problems getting paid.



Unfortunately UK law does not have an equivalent of the American Class Action. You could look at combining forces with the other unpaid contractors to force the company into liquidation. If you subsequently have enough votes at the creditors meeting it is possible to put an independent Insolvency Practitioner in to examine how the business was being run by the officers.

The above course of action is not cheap, normally in the region of £1500-2000 and it carries the risk that if the company is insolvent no one will get paid.

Raging Bull
16th August 2012, 11:45
Many thanks to everyone for the responses. A quick question, does anyone have a copy/sample of the type of letter or email with wording to cover the penalties and interest charges that they could let me have. Also, it is not the agency as such but the company that the agency placed me with that are making things really difficult.

Thanks

Wanderer
18th August 2012, 14:47
Many thanks to everyone for the responses. A quick question, does anyone have a copy/sample of the type of letter or email with wording to cover the penalties and interest charges that they could let me have.

Did you have a look at the link to Pay On Time (https://payontime.co.uk/late-payment-legislation-interest-calculators) I gave you?

OK, here it is on a spoon for you. On the same website there is a link to Late payment letters, forms and templates (https://payontime.co.uk/late-payment-legislation-letters-forms-templates), did you see that?

Did you do a search for "Dunning"? What part of the Dunning process are you up to and what part of it do you not understand?


Also, it is not the agency as such but the company that the agency placed me with that are making things really difficult.

Dust off your contract. What name is on it? Is it the name of the agency or the name of the client? The contract is most likely with the agency (even though you may have never met them), it's NOT with the client. If the agency doesn't pay you because the client didn't pay them then you have to go after the agency to chase payment and it's the agency's problem to go after the client.

It's also important to know if you signed the Opt Out (http://forums.contractoruk.com/business-contracts/66965-opt-out-conduct-employment-agencies-2003-act.html#post1332395) agreement with the agency. If you didn't then the agency can't refuse to pay you just because the client hasn't paid them. If you did sign the opt out then you have signed away some of your statutory rights so there's a lesson for you.

If you don't have the time/inclination/cojones to deal with the dunning process yourself then engage a debt collector to do the dirty work you. There are some collection agencies who post here who are really helpful, if you do a search then you can find them.

Good luck.