Agent not paying expenses

[dynamicsaxcontractor]

Anyone have any good advice how to deal with this one.

I did a couple of months for a consutancy dealing direct with them, however I had to go through their agent for payments so contract is with agent. I have got paid for the work I did but not the expenses, its not much but still enough to chase. I have been chasing this for months now and they keep refering to a clause in the contract that they will not pay me until they have got paid. Fair enough, but how long can they realistically withold payment? The first lot of expenses is now 2 months overdue and the second lot 1 month. I assume I am opted in as I met the client before signing the contract with the agent if that helps?

Many thanks for any advice.

[minstrel]

My advice would be to go in hard and fast.

If you haven't specifically opted out of the Agency Regulations then it is likely the "we won't pay you until we get paid" clause is not legally enforceable.

Send them an email saying the payments are now overdue and late payment charges are now being applied.

See payontime.co.uk for details on what you can charge: basically 8.5% interest + £40-£100 compensation. Apply the charges to each overdue invoice.

Consider offering to waive late payment charges if payment is made within 48 hours to get it sorted quickly. Follow up the email with a phone call. Ask to speak to manager/Director if possible. Normally, once you start applying late payment charges and escalating they pay up.

If they don't pay within 7 days then pay a couple of quid to someone like Thomas Higgins to send a Letter Before Action.

Good luck and let us know how you get on!

[dynamicsaxcontractor]

My advice would be to go in hard and fast.

If you haven't specifically opted out of the Agency Regulations then it is likely the "we won't pay you until we get paid" clause is not legally enforceable.

Send them an email saying the payments are now overdue and late payment charges are now being applied.

See payontime.co.uk for details on what you can charge: basically 8.5% interest + £40-£100 compensation. Apply the charges to each overdue invoice.

Consider offering to waive late payment charges if payment is made within 48 hours to get it sorted quickly. Follow up the email with a phone call. Ask to speak to manager/Director if possible. Normally, once you start applying late payment charges and escalating they pay up.

If they don't pay within 7 days then pay a couple of quid to someone like Thomas Higgins to send a Letter Before Action.

Good luck and let us know how you get on!

Thanks for your advice, I let you now how I am getting on.

[Wanderer]

Yeah, minstrel is exactly right.

Let us know how you get on. And don't just settle for the amount owed, go for the interest and penalties to teach the agent not to dick people around in future.

[dynamicsaxcontractor]

Yeah, minstrel is exactly right.

Let us know how you get on. And don't just settle for the amount owed, go for the interest and penalties to teach the agent not to dick people around in future.

This one is getting interesting now, just spoken to end client who confirmed they paid agency for my expenses 3 weeks ago.

[minstrel]

This one is getting interesting now, just spoken to end client who confirmed they paid agency for my expenses 3 weeks ago.

If that's the case, I'd add the late payment charges and keep chasing until they pay invoice and late payment charges.

They'll probably kick and scream, but I've done it a few times before and everyone has paid up at the point of issuing a letter before action.

Don't let them get away with not paying the late payment charges or they'll just do it again to someone else.

Good luck!

[dynamicsaxcontractor]

If that's the case, I'd add the late payment charges and keep chasing until they pay invoice and late payment charges.

They'll probably kick and scream, but I've done it a few times before and everyone has paid up at the point of issuing a letter before action.

Don't let them get away with not paying the late payment charges or they'll just do it again to someone else.

Good luck!

Sent a nice email to the agency this morning telling them I know they have got paid by end client and if the money isnt in my account before the end of the day I will charge them penalties and interest. Got the money in my bank account less than an hour after sending it. Thank you everyone for your help.

[minstrel]

Sent a nice email to the agency this morning telling them I know they have got paid by end client and if the money isnt in my account before the end of the day I will charge them penalties and interest. Got the money in my bank account less than an hour after sending it. Thank you everyone for your help.

I'd now charge them late payment fees.

If you don't they'll probably continue to dick you around in future.

[dynamicsaxcontractor]

I'd now charge them late payment fees.

If you don't they'll probably continue to dick you around in future.

Actuall, looking at the payment they underpaid me - 60 pence missing. Just sent them an email telling them to pay it... They messed me around enough to accept that.

[dynamicsaxcontractor]

Actuall, looking at the payment they underpaid me - 60 pence missing. Just sent them an email telling them to pay it... They messed me around enough to accept that.

Just received the final payment of the missing 60p......