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First time contractor and scam client

MyMissC3
MyMissC3 Posts: 46 Forumite
edited 23 December 2015 at 1:09AM in Employment, jobseeking & training
Hi, after many years working both as employee and self-employed, I tried contracting for the first time.

All happened quickly and I was offered a 4 weeks contract to redesign a website.

I registered with an umbrella and the recruitment agency dealt with them.

Before the contrat started I put everything in writing on the work to be carried out and emailed both the agency's recruiter and the owner of the company I was going to do the work for.

I struggled all along as the company's boss rarely replied to my requests/emails and was also very nontechnical but I kept emailing him and I have done all to the best of my skills, despite the short time.

After the contract ended I have provided the company with further support out of charge although I had invoiced the firm for one specific thing. After about a week from the end of the contract the owner texted me implying that I did not send him this or that (none of that was slightly true and there were plenty of emails to prove it). I had the feeling that the aim of those messages was avoiding paying my invoice.

Tired of the continuous requests and guessing he was not going to pay for my extra work, after offering a final call of an hour to guide the owner as he insisted that it was my duty and included in the contract (it was not), I emailed the agency and discovered they are in a dispute with this client as he has paid none of the agency's invoices.

I have then replied to the owner that he should go through the agency if he needed further support and could arrange for an hourly or daily rate.

The client replied like he was outraged and that I was obliged to give him some kind of training otherwise the contract was breached and I was going to hear from his lawyer. He also dared to mention that he paid a lot - although he paid nothing, not even my tiny invoice.

I believe I have done all that was requested and have all copies of the emails and texts. Also the request of "training" arrived about a week after the contract was ended (and a month was already tight to do what they needed with the messy sysstems they had).

I think that it should be a problem of the agency.

Sorry for the long message.

Anybody who had similar situations or has thoughts on this?

Many thanks!! :)
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Comments

  • Take the website until you have the money
    It's taken me years of experience to get this cynical
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    It can get messy.

    Go through your contracts in detail.
  • El_Torro
    El_Torro Posts: 2,226 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Isn't it the agency's responsibility to pay you? Then it's up to them to get the money from the client.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Once you throw umbrella in the pay trail you become an employee of the umbrella who contract your services out through an agency to the end employer.
  • ThemeOne
    ThemeOne Posts: 1,473 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I don't advise continuing any contact direct with the client. Your relationship is with the agency or umbrella company, so you should take it up with them.
  • Hi, thank you all. Personally I got the money indeed as I was paid by the umbrella company. The client kept pestering me and, after consulting the agency, I informed him that he should contact the agency and not me should he need anything else. After that he menaced some sort of legal action against me, I actually think it was only trying to intimidate me as to play his game and give him material to win his dispute with the agency.


    For all documentation I have, primarily emails, there is absolutely nothing that I "have" to do for this person, and no training was ever mentioned anyway.


    Most importantly, I assumed it was up to the agency to resolve any issue with this client and I thank you all for your advice and help!! :)
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    One issue with contracting is the agencies you use, umbrella, agents accounts etc can impact your reputation with clients.

    If planning to do this longer term and do a fair amount of work then it is cheaper to go Ltd. Costs can be similar to the Umbrella margin amd you can be a bit more efficient with TAX, NI, expences.
  • MsBlonde
    MsBlonde Posts: 459 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Because umbrella pay you? And if he's not paying them, they can say, right no support... nothing... he's pestering you so he can get around not paying umbrella?
    MyMissC3 wrote: »
    Hi, thank you all. Personally I got the money indeed as I was paid by the umbrella company. The client kept pestering me and, after consulting the agency, I informed him that he should contact the agency and not me should he need anything else. After that he menaced some sort of legal action against me, I actually think it was only trying to intimidate me as to play his game and give him material to win his dispute with the agency.


    For all documentation I have, primarily emails, there is absolutely nothing that I "have" to do for this person, and no training was ever mentioned anyway.


    Most importantly, I assumed it was up to the agency to resolve any issue with this client and I thank you all for your advice and help!! :)
  • ThemeOne
    ThemeOne Posts: 1,473 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    One issue with contracting is the agencies you use, umbrella, agents accounts etc can impact your reputation with clients.

    If planning to do this longer term and do a fair amount of work then it is cheaper to go Ltd. Costs can be similar to the Umbrella margin amd you can be a bit more efficient with TAX, NI, expences.

    I agree. Personally I would ditch the umbrella company. They are by no means essential to the process, and can complicate things more being an extra link in the chain.

    It's not difficult or expensive to setup a limited company, nor is it massively difficult to do your own ltd co accounts and tax returns, assuming you fall into the small companies turnover threshold.

    I think this experience will have also shown you that the relationship with clients as a freelance or contractor can be quite different from that between employee and employer.
  • MyMissC3
    MyMissC3 Posts: 46 Forumite
    edited 27 December 2015 at 3:13PM
    MsBlonde wrote: »
    Because umbrella pay you? And if he's not paying them, they can say, right no support... nothing... he's pestering you so he can get around not paying umbrella?



    Thank you for your contribute.


    Here is the pyramid: Client > Agency > Umbrella > Me.


    The client has not paid the Agency and I believe he is pestering me with the main purposes of finding some basis on which to avoid paying the agency or get a massive discount (in his opinion there is some breach of contract or I have not done what I was required to do, which is not the case anyway) and get free work out of me. I also got the feeling he has done this before and he is trying to get away with it.
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