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Unsigned timesheets, getting payment

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    Unsigned timesheets, getting payment

    does anyone know any good lawyers when it comes to challenging agencies and timesheets.

    I am owed a weeks work and I am having trouble obtaining payment from the agency as they are having trouble from the client I believe.

    I would prefer not to go legal, but I am preparing myself for the worst, thanks

    #2
    Originally posted by blinko View Post
    does anyone know any good lawyers when it comes to challenging agencies and timesheets.

    I am owed a weeks work and I am having trouble obtaining payment from the agency as they are having trouble from the client I believe.

    I would prefer not to go legal, but I am preparing myself for the worst, thanks
    What is the problem? Timesheet is signed or it isnt?
    'CUK forum personality of 2011 - Winner - Yes really!!!!

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      #3
      timesheet isn't signed, I handed in my notice to my agent which was a week.

      I was asked to leave site early on the monday instead of the friday, the client said they wouldn't sign the timesheet and woudl liaise with the agent to resolve it.

      My agent according to the last phone call I had with him, is resolving it. Although at the moment he doesn't return my calls and emails.

      BUT

      In saying that I did work exactly those hours, I am keen that the client pays for my work and so on, so I would rather not just stiff the agency. As ultimately the client is the problem in all of this (they feck over previous guys aswell)

      SO I guess I am looking for al ittle advice on how to proceed, as this is a first time for me.

      Thanks

      Comment


        #4
        Originally posted by blinko View Post
        does anyone know any good lawyers when it comes to challenging agencies and timesheets.

        I am owed a weeks work and I am having trouble obtaining payment from the agency as they are having trouble from the client I believe.

        I would prefer not to go legal, but I am preparing myself for the worst, thanks
        You might want to start your own thread about this - it's been discussed in the past.

        You run the risk that people won't read your question when it's hidden in a pretty unrelated thread.
        Best Forum Advisor 2014
        Work in the public sector? You can read my FAQ here
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        Comment


          #5
          Originally posted by blinko View Post
          timesheet isn't signed, I handed in my notice to my agent which was a week.

          I was asked to leave site early on the monday instead of the friday, the client said they wouldn't sign the timesheet and woudl liaise with the agent to resolve it.

          My agent according to the last phone call I had with him, is resolving it. Although at the moment he doesn't return my calls and emails.

          BUT

          In saying that I did work exactly those hours, I am keen that the client pays for my work and so on, so I would rather not just stiff the agency. As ultimately the client is the problem in all of this (they feck over previous guys aswell)

          SO I guess I am looking for al ittle advice on how to proceed, as this is a first time for me.

          Thanks
          Let me get this right..

          This is the timesheet for the week prior to your notice week that you did work? Or are you talking about a time sheet they won't sign for the week of your notice that they walked you early on?
          'CUK forum personality of 2011 - Winner - Yes really!!!!

          Comment


            #6
            Originally posted by blinko View Post
            timesheet isn't signed, I handed in my notice to my agent which was a week.

            I was asked to leave site early on the monday instead of the friday, the client said they wouldn't sign the timesheet and woudl liaise with the agent to resolve it.

            My agent according to the last phone call I had with him, is resolving it. Although at the moment he doesn't return my calls and emails.

            BUT

            In saying that I did work exactly those hours, I am keen that the client pays for my work and so on, so I would rather not just stiff the agency. As ultimately the client is the problem in all of this (they feck over previous guys aswell)

            SO I guess I am looking for al ittle advice on how to proceed, as this is a first time for me.

            Thanks
            First read your contract and see what it states about notice periods.

            If you have one then do a search - there is a long thread on notice by someone called Kittycat or some other cat like name.

            Then write a letter "Before Action" sent by special delivery to the agent pointing out your contract clause in full and that you will take them to court within 21 days if they don't pay up.

            Then (as I expect the amount to be under £5000) after 21 days when the agent doesn't pay up put a claim in via moneyclaimonline.

            Small claims court cases you can deal with yourself it just takes time.

            And your contract is with the agent not the client and your emails will help you in your case if it does get before a judge.
            "You’re just a bad memory who doesn’t know when to go away" JR

            Comment


              #7
              Originally posted by northernladuk View Post
              Let me get this right..

              This is the timesheet for the week prior to your notice week that you did work? Or are you talking about a time sheet they won't sign for the week of your notice that they walked you early on?
              The final week I had to ask another (a senior) contractor to sign my timesheet for that week. The previous week there was a dispute over entry times a minor one.

              So previous week (to my final week) my boss and I had a dispute onthe friday so didn't resolve the timesheet issue, thankfully he did email me times he had down. Then the final week he was off all week.

              I hand my notice to my agent on friday and on Monday when I try to get my timesheets signed, client totally outflanks me and refuses to sign them and asks me to leave as there is no need to work my notice.

              I have to stress here I am interested in the agency being paid aswell, I did work that week and I am not purely interested in chasing the agency down, the client should pay for the work they have recevied

              First read your contract and see what it states about notice periods.

              If you have one then do a search - there is a long thread on notice by someone called Kittycat or some other cat like name.

              Then write a letter "Before Action" sent by special delivery to the agent pointing out your contract clause in full and that you will take them to court within 21 days if they don't pay up.

              Then (as I expect the amount to be under £5000) after 21 days when the agent doesn't pay up put a claim in via moneyclaimonline.

              Small claims court cases you can deal with yourself it just takes time.

              And your contract is with the agent not the client and your emails will help you in your case if it does get before a judge.
              Thanks I have read the contract and all is in order really, the agency is massive one so the only reason they woulnd't pay is due to lack of signed timesheet. SO I guess my main problem is the client making up excuses and trying to knock down my timesheet. I would prefer to solve this diplomatically but I am pretty sure this won't happen.

              Thanks for the small claims advice, I believe this will have to happen, although there is a clause about it is the contractors responsibility to obtain signing for the timesheets, which is difficult as the client and agency have advised me not to talk to the client directly.

              So I suspect the client will hide behind the agent and make it up as you go along, naturally I would request a meeting and stick to the email I have. Is there any thing else the client could throw at me eg quality of work or surfing the internet anything that could affect my hours?

              Thanks

              Comment


                #8
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                Comment


                  #9
                  Originally posted by blinko View Post

                  Thanks for the small claims advice, I believe this will have to happen, although there is a clause about it is the contractors responsibility to obtain signing for the timesheets, which is difficult as the client and agency have advised me not to talk to the client directly.
                  You are being soft. Ignore it.

                  You can talk to the client if you wish though they can refuse to talk to you as they don't have a direct contract with you.

                  Your contract is with the agency and the agency will ignore you until they realise you will and do take it legal.

                  It's not your fault if the agency cannot get the money from the client. If the agent cannot get the money from the client and you have a clause that they won't pay you until they are paid, then they will be happy to prove this is infront of a judge.

                  In regards to the timesheets you can prove you did the work without them and this will be taken into consideration particularly as neither the agency or the client are disputing this. They are also not currently complaining about your standard of work as the agent would have no problems in sending you an email immediately stating this is the problem to get rid of you. (This is why your email trail is important if you do threaten them with court action and start proceedings.)

                  Therefore if you start down the road to legal action now you have a better chance of getting your money.

                  Read the kittycat (or whatever her feline name is) threads plus the other threads on chasing bad debts.

                  Once you have chased a bad debt once it becomes much easier, and once you threatened a large agency once it becomes much easier.

                  Remember the large agency like any large company doesn't want the bad publicity. If you take them to court and win there is nothing stopping you writing about it on the web e.g. an article on here, or talking about it to people.

                  Originally posted by blinko View Post
                  So I suspect the client will hide behind the agent and make it up as you go along, naturally I would request a meeting and stick to the email I have. Is there any thing else the client could throw at me eg quality of work or surfing the internet anything that could affect my hours?

                  Thanks
                  See my advice above. If you really want not to get paid then do it your way.

                  However don't come back in 3-6 months complaining that:
                  1. The agency has disappeared without paying you,
                  2. You can't get a meeting with the client.
                  3. The client and agency have started lying about your work being extremely bad and unusable and putting it in writing.
                  "You’re just a bad memory who doesn’t know when to go away" JR

                  Comment


                    #10
                    Originally posted by blinko View Post
                    I have to stress here I am interested in the agency being paid aswell, I did work that week and I am not purely interested in chasing the agency down, the client should pay for the work they have recevied
                    Forget all about the agency's relationship with the client, that is their business and has got nothing to do with you.

                    Did you opt out of the agency regulations? If you did then you leave yourself in a weaker legal position.

                    The first thing to do is to try and get agreement about the actual hours worked from the client and get a timesheet signed, especially if they are quibbling about a trivial amount of time.

                    If that fails then I would tell the agency that the client are refusing to sign the timesheets for the last week worked and for your notice period which is due even though they didn't require you to work that week.

                    Don't dick about discussing it over the phone with them, your opening shot is to send them an invoice and then start chasing it for payment. If you don't have an invoice issued then they don't owe you any money. Once the invoice is in the system you can start dunning.
                    Free advice and opinions - refunds are available if you are not 100% satisfied.

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