Contract ended - agency not paying me

[Snooky]

No I didn't.

If you didn't explicitly agree to opt out before you were introduced to the client, you're opted in by default. And that means, among other things, that the agency cannot withhold payment just because the client hasn't paid them.

If I were you I'd send them a separate invoice for each billing period*; if they don't pay within (say) 7 days send a letter before action, if they still ignore then submit a claim in the Small Claims Court (MCOL - Money Claim Online) for each invoice.

As others have said, get your invoice(s) in as soon as possible. One reason is that, if they remain unpaid after 60 days, you can start charging interest at 8% above base rate (see Late commercial payments: charging interest and debt recovery - GOV.UK). But hopefully you won't leave it 60 days before you start legal action.

* - the reason for splitting the invoices down is to try and keep the total for each debt below the Small Claims Court limit of £10,000.

[CoolCat]

If you didn't explicitly agree to opt out before you were introduced to the client, you're opted in by default. And that means, among other things, that the agency cannot withhold payment just because the client hasn't paid them.

If I were you I'd send them a separate invoice for each billing period*; if they don't pay within (say) 7 days send a letter before action, if they still ignore then submit a claim in the Small Claims Court (MCOL - Money Claim Online) for each invoice.

As others have said, get your invoice(s) in as soon as possible. One reason is that, if they remain unpaid after 60 days, you can start charging interest at 8% above base rate (see Late commercial payments: charging interest and debt recovery - GOV.UK). But hopefully you won't leave it 60 days before you start legal action.

* - the reason for splitting the invoices down is to try and keep the total for each debt below the Small Claims Court limit of £10,000.

problem with this approach, is that a limited company cannot represent itself in court, it must be represented by a lawyer, so you cannot issue a small claims summons and turn up and represent yourself, you must be prepared to pay a lawyer to turn up in court

you can make sure the relevant credit reference agencies know, and if a lot of contractors are in similar position you could group together to fund the lawyers

[WTFH]

What are your payment terms with the agent?

[Snooky]

problem with this approach, is that a limited company cannot represent itself in court, it must be represented by a lawyer, so you cannot issue a small claims summons and turn up and represent yourself, you must be prepared to pay a lawyer to turn up in court

I'm fairly certain that's not the case with the Small Claims Court route, although ICBW. Do you have a link/source?

[Dockeyboy30]

problem with this approach, is that a limited company cannot represent itself in court, it must be represented by a lawyer, so you cannot issue a small claims summons and turn up and represent yourself, you must be prepared to pay a lawyer to turn up in court

you can make sure the relevant credit reference agencies know, and if a lot of contractors are in similar position you could group together to fund the lawyers

Is it advisable to use a lawyer or a debt collection company? I was looking online and itcontracting.com actually advise on using a debt collecting firm for this sort of thing.

[Old Greg]

Is it advisable to use a lawyer or a debt collection company? I was looking online and itcontracting.com actually advise on using a debt collecting firm for this sort of thing.

Safe Collections have a good rep and post here from time to time if you decide to go down that route.

But before you get legal, I would send in the invoices, assemble your argument that your opt out is not valid and have a friendly sit down conversation with the agency about why you think you're not opted out and why they think you are opted out.

[Snooky]

Is it advisable to use a lawyer or a debt collection company? I was looking online and itcontracting.com actually advise on using a debt collecting firm for this sort of thing.

The only one I've ever heard of - but never used - is Thomas Higgins Ltd. They'll do anything from a Letter Before Action at very reasonable cost to pursuing the whole debt for you, possibly for free (they reclaim their costs from the debtor). The agency might take a Letter Before Action from a firm of solicitors more seriously than if it came from you.

I'm sure there are plenty of similar firms who can help you out.

[Lance]

problem with this approach, is that a limited company cannot represent itself in court, it must be represented by a lawyer,

rubbish!!!!

[CoolCat]

rubbish!!!!

its the basics, get yourself a law text book

[Lance]

its the basics, get yourself a law text book

I'd have done some research if I'd not actually been in court, as a director, representing a LTD company, with my co-directors. We had no lawyer (or barrister) with us.

IANAL.