How do I get paid? strange situation involving contract work

I'm a freelancer/sole trader having real trouble getting paid by a client.

I recently worked 3 small contracts for my client, a marketing agency (3 days/3 days/1 day). I'm not set up as a LTD company, so I had to register with an umbrella company in order to get paid.

The first contract has been processed. I submitted my timesheet and I was supposed to be paid on the 17th, but I have received no payment yet.

The second two contracts haven't been put on the umbrella company's system yet. That means I can't even submit timesheets, so the umbrella company can't invoice the client.

I've since been in touch with the umbrella company, and they told me that they can't pay me because they haven't been paid by the client. Apparently the client isn't even communicating with the umbrella company. The umbrella company also told me that they can't put any new contracts on the system until the client pays the money it owes them.

This leaves me in a difficult position:
* I can't get paid by the umbrella company until the client pays them.
* I can't get the umbrella agency to send off invoices for the second two contracts
* I can't invoice the client, because they're unable to pay me directly anyway as I'm not LTD company.
* Because I can't invoice the client, I also can't take them to small claims court (I think).


What are my options here? It seems the agency can just delay payment indefinitely and there is nothing I can do.

Any advice appreciated.

Thanks for your response, James.

Spoke to the umbrella agency today. They said the client never actually sent them any details about my 2nd and 3rd contracts. This slightly contradicts something they said previously, but I am inclined to believe them. The client is looking shadier by the minute and I believe is using delaying tactics.

The first contract is still outstanding. The umbrella company told me they may take legal action against the client if they don't pay soon.

I was considering creating a LTD company and invoicing the client myself. However, I've learned that technically I can't invoice the company for a contract that was undertaken before the ltd company was created.

My other problem is I never really received any official agreement about my work placement. The jobs were all arranged at short notice. In retrospect, it was stupid of me to accept, but this is a well-established, multi-national agency and I assumed it was all above board.

I do have informal agreements via email though. It would not be hard to prove that I was asked to work on certain dates for certain money, and that I turned up and did the work.

I'm wondering if I could invoice the two individuals that I had contact with and take them to court, rather than the company. Perhaps the fact that I didn't receive any official contract could work in my favour this way?

Also just to add, I believe the umbrella company is in charge of payment.

Thanks for your help James.

What do you think would happen if I just sent them an invoice as a sole trader?

Is it their choice to refuse this, or is it actually impossible for them to accept it?

Regards, Jon