My contract blown up and the agency is refusing to pay the notice
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  1. #11

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    Depending on the size of your claim, you may be able to go through the small claims court, so wouldn't need to spend money on a lawyer. Apparently, many agencies will just pay up what they owe when confronted with legal action.

    State your case formally, and give the agency the chance to respond. Give them a deadline to respond by, and if they don't respond then file the claim.

    Good luck, and let us know how you get on.
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  2. #12

    Double Godlike!

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    Quote Originally Posted by TheFaQQer View Post
    Depending on the size of your claim, you may be able to go through the small claims court, so wouldn't need to spend money on a lawyer. Apparently, many agencies will just pay up what they owe when confronted with legal action.

    State your case formally, and give the agency the chance to respond. Give them a deadline to respond by, and if they don't respond then file the claim.

    Good luck, and let us know how you get on.
    The size of the claim is zero, since the OP's not started the contract and done no work, so presumably quite cheap to pursue through the courts.
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  3. #13

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    Quote Originally Posted by malvolio View Post
    The size of the claim is zero, since the OP's not started the contract and done no work, so presumably quite cheap to pursue through the courts.
    The size of the claim is four week's worth of invoicing. You refer to the size of the damages that would be awarded when it comes to court

    Personally, I'd like to see it in court and then everyone gets exactly what is due to them. It would be better if it wasn't small claims court - somewhere that sets a precedent would be great, but a nice court reference to be able to give to people when they ask the same question would be appreciated
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  4. #14

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    The Agent didn't drop you, the Client did.

    Just ask if they have any similar contracts if they could contact you first.

  5. #15

    Still gathering requirements...


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    Am I right in thinking a LTD company can't go through the small claims court? Due to it being a legal entity, you need someone to represent the company?

    As most people are saying on here, it really isn't worth going through the process. There isn't a contract in place and no work has been completed. This is the same as any business when a proposal falls through, it's just a matter of chin up and find a new contract. Best of luck!

  6. #16

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    Quote Originally Posted by slice16 View Post
    Am I right in thinking a LTD company can't go through the small claims court?
    No, you're not.

    "You should register as an Organisation if:
    You are a Solicitor and wish to register as a user of the MCOL service.
    You are an Organisation that wishes to issue or respond to a claim online."
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  7. #17

    Still gathering requirements...


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    Quote Originally Posted by TheFaQQer View Post
    No, you're not.

    "You should register as an Organisation if:
    You are a Solicitor and wish to register as a user of the MCOL service.
    You are an Organisation that wishes to issue or respond to a claim online."
    I stand corrected , I am sure I read somewhere you need to have a solicitor represent a LTD company, and you cannot do it yourself. No idea where.

    Thanks

  8. #18

    Lord of the Vectras

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    Quote Originally Posted by TheFaQQer View Post
    Personally, I'd like to see it in court and then everyone gets exactly what is due to them. It would be better if it wasn't small claims court - somewhere that sets a precedent would be great, but a nice court reference to be able to give to people when they ask the same question would be appreciated
    WHS. If the contract gives you a notice period, then that's attractive from your point of view and may be the reason why you chose that contract. They shouldn't be allowed to just ignore it. If they don't want to give you a notice period then don't put it in the contract.
    Will work inside IR35. Or for food.

  9. #19

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    Two points:

    1) What does the contract say about if the contract doesnt start then they dont have to pay you.
    2) Small Claims Court - just going through one currently with a client who owes us 3k+ and it's going to court next month....and yes we've had legal advice and having to get somebody to represent us in court on the day.....so a Small Claims Court action isn't as simple as first thought.

    GE

  10. #20

    Ddraig Goch


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    Quote Originally Posted by Talos View Post
    i would be careful on taking an agency to court, i knew someone who did and won but then could not find another agency to place him again, take this on the chin and find another contract
    Really? So Agency A phoned all his other competitors and said dont touch contractor X?

    So, contract role comes in to Agency B and Contractor X is perfect fit. But Agency B thinks hang on they upset my mates at A the other day I won't bother.
    Never going to happen. B won't give a monkeys about what happened in A unless somehow its likely to affect future dealings with contractor Z.
    Rhyddid i lofnod psychocandy!!!!

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