Agency worker - payment refused

[Icantsleep3am]

Hi, I hope someone can give me some advice here. I don't know if I should cut my losses and forget about the money owed or try to do something to at least recover my expenses. I provided services to a public sector through an agency. There was a job I carried out 8 months ago. The agency is refusing to pay, as the contract I had previously signed says that the invoices must be submitted within a specified period of time, and I was late. I made several attempts at submitting the invoice at the time (within that period), had some issues with their software and my devices, then I completely forgot about the job, being a busy mother, a full-time worker now and a part-time student. I remembered about it recently and tried to claim the invoice, but the agency dug their heels in and refused point blank on the grounds of the contract terms.

Now, there are some circumstances which i think are important: i paid railway tickets out of my pocket, paid for a babysitter for some part of the time I was on the assignment, the job was out of hours - I arrived home at midnight etc. It really rattles me, that even my expenses are not going to be paid, as according to the contract expenses were to be covered by myself.
I really need some unbiased and honest advice! My instinct says to take them to court as it reeks of unfair contract terms, modern slavery, unfair deductions, but I am not a lawyer and I don't know what to do! thank you!

How long was the time period for submitting the invoices and how late were you?

Can I ask how you are set up. We’re you invoicing as a sole trader or a LTD company?

Sorry and what’s the amount?

Thank you for your responses!
Hundred, the period is 3 months, I submitted after, I know how silly, 8 months.
Espoleta, I don't know if I am a sole trader, as I provide professional services; but definitely not Ltd.
The amount is about £144, out of which I incurred expenses of at least £70.

I would say that they are clear on their terms. 3 months is plenty of time to get your invoice in. Sorry, not what you want to hear I know.

Personally annoying though it is I would write it off and move on - learning a few lessons in the process

OMG that's pretty bad! I don't think they're being unreasonable saying that you've invoiced too late then. You're effectively asking for payment 11 months after the work was done. You really can't argue that 3 months is unfair contract terms. This is on you I'm afraid. It's an expensive lesson but you need to stay on top of your admin. Especially when it gets you paid!

I supply professional services to to various firms in my industry. I invoice within 24 hours of completion. Do it straight away then you can't forget.

Ok I would let it go.
You could take them to court but it’s not worth the stress.
You could find a person to escalate to (maybe see if you can find the ceos email) and give that a shot but then let it go

Where you employed by the agency at the time, or where they just a matchmaker of sorts between contractors and the public sector? Could the agency assist you?

Also, just an aside, but how do you not know if you're a sole trader? If you're self employed then you need to know what you are so you can file your taxes.

I provided services as self-employed person, didn't know it was also called a sole trader.
Could I argue that their invoicing system is far from perfect? You can't just send a scan of an invoice by email, it has to be done through an online platform. Too early - they won't have your job confirmed by the client yet, then if try to submit an invoice after few weeks, the job disappears (even within an invoicing period), and you can only access it through a series of manipulations, and only on a desktop, or laptop. My laptop was out of space at the time, it couldn't have been done on my Ipad or phone, and i really did not have time to go to a public library.

My instinct says to take them to court as it reeks of unfair contract terms, modern slavery, unfair deductions

On what basis do you think the contract terms are unfair? Were you not advised of the invoicing terms?

Also, what deductions have they made that are unfair?

I don’t see what your expenses have to do with anything. Travel and childcare costs are expenses many working adults have to bear.

I think you need to accept you dropped the ball on this one.

3 months is more than reasonable to send your invoice and plenty of time to find a working computer which you could use.
I think you chalk this up to a learning curve mistake.

It is absolutely ridiculous and insulting to describe what is essentially your fuck up, as modern slavery.

You didn't stick to the terms of your contact. What exactly is a court going to enforce?

Chalk this up to experience and swallow the loss, you have no other real option.

Thank you everyone, I really appreciate your honest and no-nonsense advice.

Bee pretty much sums it up. I think you're taking the piss tbh.

Will you get more work through the agency? Then I'd simply see if you can find a way of adding a little extra to each invoice till you have reclaimed the fee.

Will you get more work through the agency? Then I'd simply see if you can find a way of adding a little extra to each invoice till you have reclaimed the fee

Ah yes, just commit fraud.

Yep, I'd have to take this as my own damn fault.

BlueBirdGreenFence, what is your problem?

I came here to ask for advice. I am happy I received an honest advice, which I am going to follow - gratefully, I appreciate and value the effort the mumsnetters made to share their wisdom and expertise. I might have been delusional or overly dramatic - and this is why I came here for - for unbiased and impartial view.

I did not come here to "take the piss" as you are saying. With respect, if you have nothing constructive to stay, I suggest you just stay away.

@Ariela

Your advice is to sneakily charge external companies who are wholly unconnected to this situation in order to get back money from her own mistake?

Let's say she did this job for Mr. Apple. Forgot to invoice. Can't get the money now. The agency then tell her that Ms. Pear needs her services. She does the job and this time, remembers to invoice but also adds on Mr. Apple's charge? Really? That's your advice?

Lulualla, I won't be doing that!

You had plenty of time, you knew their terms, I would write it off and move on

@Lulualla
Her contract is with the agency, if she increases her rate to the agency and claims the expenses against her income herself, then less of a loss overall, you can bet the agency have charged the public sector company for the work she did.

@Ariela

That doesn't seem to be how this one works. She is invoicing the company directly. They are paying her directly. She's not invoicing the agency. I'm guessing they already go their fee from the company. But from what OP has said, she is dealing directly with the company themselves. Which will presumably be the case if they put her in touch with anyone else, so invoicing the other company is fraud.

Oh, I've read that wrong. It is the agency refusing to pay. Same answer of "don't do that" but just a different reason.
If she increases her fee to the agency then they will increase their fee to the client. So OP will still be passing on the cost of someone else's work to a new client.