Another useless contract agency post
Discussion
They did call back.
Got much of the same claptrap about it was an error, then some bull about a variation clause in the contract which I had to point out had to be with the agreement of "The Company" ie. ME and since I was not prepared to negotiate about anything until I was paid they were up sh1t creek without a paddle. If the money is not cleared funds in my account by the end of today I will commence proceedings for breach of contract and trying force me into a change of contract terms by withholding due payments. It's time these cowboys (or in this case, cowgirls) started to realise that despite their naive grasp of company law some of us (especially those that have been working this way for 12 years) know what is and what is not acceptable. Undoubtedly they have made a mistake, number one is trying to mess me around, but had they dealt with the issue in a timely manner and without detriment to myself then I would have been considerably more sympathetic. Things being as they are now they can f
k off, I may deem it reasonable to discuss matters with them IF they carry out their undertaking to pay me. If not, well, what's a guy supposed to do? First thing would be to advise the client that due to non-payment by the agency they have forced me to use (my previous one in the same role was never a problem) I was having to consider whether I could continue to turn up to site. The second being legal action. A two pronged attack if you see what I mean. Some might say that this would be an extreme course of action but I am most dilligent about my work, I expect to be treated with the respect and I do the client. Many more of my contractor colleagues are being forced to "transition" over to this agency and my experiences do not bode well for them. It's time for them to realise that they have a problem (primarily with inept staff) and pack these useless numbskulls off to places like the Council, CSA, IR, NHS etc where their indifferent and jobsworth attitude is a prime requirement for the role.
And breath...
Got much of the same claptrap about it was an error, then some bull about a variation clause in the contract which I had to point out had to be with the agreement of "The Company" ie. ME and since I was not prepared to negotiate about anything until I was paid they were up sh1t creek without a paddle. If the money is not cleared funds in my account by the end of today I will commence proceedings for breach of contract and trying force me into a change of contract terms by withholding due payments. It's time these cowboys (or in this case, cowgirls) started to realise that despite their naive grasp of company law some of us (especially those that have been working this way for 12 years) know what is and what is not acceptable. Undoubtedly they have made a mistake, number one is trying to mess me around, but had they dealt with the issue in a timely manner and without detriment to myself then I would have been considerably more sympathetic. Things being as they are now they can f
k off, I may deem it reasonable to discuss matters with them IF they carry out their undertaking to pay me. If not, well, what's a guy supposed to do? First thing would be to advise the client that due to non-payment by the agency they have forced me to use (my previous one in the same role was never a problem) I was having to consider whether I could continue to turn up to site. The second being legal action. A two pronged attack if you see what I mean. Some might say that this would be an extreme course of action but I am most dilligent about my work, I expect to be treated with the respect and I do the client. Many more of my contractor colleagues are being forced to "transition" over to this agency and my experiences do not bode well for them. It's time for them to realise that they have a problem (primarily with inept staff) and pack these useless numbskulls off to places like the Council, CSA, IR, NHS etc where their indifferent and jobsworth attitude is a prime requirement for the role. And breath...
TeamD
If you really want to stick the knife there is a procedure yuo can go through (forget its actual name) but is a pre-winding up order. I heard a case a few years ago where the Finance Director of a very well and very large aency turned up at a contractors house in the middle of nowhere with a cheque because the contractor had initiated this pre-windnig-up-thingy.
I'm led to believe that it is only possible to use this when the debt is not in doubt i.e. some work was done at x rate (or goods were supplied) - It can't be used for spurious claims just to get money out of companies.
If you really want to stick the knife there is a procedure yuo can go through (forget its actual name) but is a pre-winding up order. I heard a case a few years ago where the Finance Director of a very well and very large aency turned up at a contractors house in the middle of nowhere with a cheque because the contractor had initiated this pre-windnig-up-thingy.
I'm led to believe that it is only possible to use this when the debt is not in doubt i.e. some work was done at x rate (or goods were supplied) - It can't be used for spurious claims just to get money out of companies.
volvos70t5 said:
TeamD
If you really want to stick the knife there is a procedure yuo can go through (forget its actual name) but is a pre-winding up order. I heard a case a few years ago where the Finance Director of a very well and very large aency turned up at a contractors house in the middle of nowhere with a cheque because the contractor had initiated this pre-windnig-up-thingy.
I'm led to believe that it is only possible to use this when the debt is not in doubt i.e. some work was done at x rate (or goods were supplied) - It can't be used for spurious claims just to get money out of companies.
Winding up orders, details here www.hmrc.gov.uk/pdfs/ir5.htm
The debt is most definitely not in doubt, I'll reserve judgement until I am certain as to whether they are actually going to pay today or if they were just trying to get me off their back yesterday. I hate jobsworths, especially those that persist in their flawed procedures even when they are unequivocably proven to be in the wrong, it stinks of bully boy tactics to me and I don't take kindly to being bullied. Thanks for the info though. 
Sorry to hear of your troubles TeamD.
Most of that trouble has disappeared over here (in NZ) since the recent enactment of the Construction Contracts Amendment Act (dumb name as it applies to all contracts not just construction). HUGE penalites of late payment and a rapid summary judgement process. Won't help you much
The worst of it actually seems to me to be :
Any chance you guys could "club together" with an Alliance Company ?
Most of that trouble has disappeared over here (in NZ) since the recent enactment of the Construction Contracts Amendment Act (dumb name as it applies to all contracts not just construction). HUGE penalites of late payment and a rapid summary judgement process. Won't help you much
The worst of it actually seems to me to be :
TeamD said:It's a bit anti-trust / anti-competitive of my liking.
. . . Many more of my contractor colleagues are being forced to "transition" over to this agency and my experiences do not bode well for them. . .
Any chance you guys could "club together" with an Alliance Company ?
Kiwi XTR2 said:
The worst of it actually seems to me to be : TeamD said:It's a bit anti-trust / anti-competitive of my liking.
. . . Many more of my contractor colleagues are being forced to "transition" over to this agency and my experiences do not bode well for them. . .
Any chance you guys could "club together" with an Alliance Company ?
Sadly it is the clients choice to have a single supplier agreement with this contract angency (apparently it makes life easier for them
), so it's a case of work through them or don't work for the company, although the way things are going the later seems to be an attractive proposition, it's not like I have a shortage of prospective customers. TeamD said:
The worst of it actually seems to me to be : TeamD said:It's a bit anti-trust / anti-competitive of my liking.
. . . Many more of my contractor colleagues are being forced to "transition" over to this agency and my experiences do not bode well for them. . .
Any chance you guys could "club together" with an Alliance Company ?
Sadly it is the clients choice to have a single supplier agreement with this contract angency (apparently it makes life easier for them
Did you negotiate the rate on the contract, or was it higher than you expected when you got it and you signed it anyway? Just out of interest?
Wondering if there are any silly "verbal contract" clauses or arguements they could pull.
My assumption was that because they had messed me around with payment previously, lost documentation (which I handed over in person) and then lied about it, had lied about sending out contracts etc etc that they had cut their margin a bit by way of recompence. It's not unusual to have a degree of variation in the final contract terms from the initial negotiations. Any dispute or error should be dealt with prior to the signing of the contracts though. As stated, I'm willing negotiate a modification to the 6 month extension term of this contract but I am not prepared to hang about and incurr charges because they perceive that they have made a mistake and are unwilling to stick to the terms of their contract with me by withholding payment. I'm not being unreasonable, I'm willing to discuss the matter with them, but ONLY when I have been paid, otherwise any further discussions will be via solicitors pending legal action. It's the only way they'll ever learn.
Verbal contracts, not the worth the paper they ain't written on.
Verbal contracts, not the worth the paper they ain't written on.
tiga84 said:If they start any of that rubbish send them the following fax :
. . . Wondering if there are any silly "verbal contract" clauses or arguements they could pull.
"You do not even have a quarter of a leg to stand on. Ring your solicitor and ask what Contra Proferentum means you dumb-
." Sorry, It makes me mad . . .
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