Agency have put wrong daily rate on contract and have only just noticed...2 months in
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  1. #11

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    Quote Originally Posted by northernladuk View Post
    IMO you are missing the best option.

    100 quid sounds like a very high markup to me. Why don't you negotiated a better rate, let's start at 50 on your rate, maybe accept 25 quid. You offer to give them back the difference from the last 2 months ad a gesture of good wi and then continue on the new rate. They get more than enough and you actually make more over the whole engagement than you would squabbling over two overpayments you weren't really due anyway. You win, they win(ish), client need never know and your contract isn't at risk.
    ^^ It's gotta be this. Like NLUK points out 100 notes a day is a big markup, get them down to at least 50 and agree to pay the difference back, win, win.

  2. #12

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    Quote Originally Posted by contractmonkey View Post
    History:

    I started a 6 month contract 2 months ago and had agreed a rate (x) with the agency. When my contract came through it was rate (y) (an additional 100 per day.) The agency have effectively put the client rate down that they are charging me out at rather than what I agreed with them. The agency and I signed the contract and they have been paying my rate (y) for the last 2 months. However, they've just realised what has happened and are now panicking.

    I'm looking for people's onions here. I figure my options are listed below. I don't want to hear the usual "you agreed a rate with them blah blah blah," I'm interested in what you think of my options / questions below and if you can think of any others :-)

    Option 1
    The honest part of me says let them re-issue the contract, we come to some agreement about me paying back the extra money and leave it at that.

    Option 2
    They re-issue the contract, write off the difference between rates as a gesture of good will and I carry on with a new contract.

    Option 3
    Screw them. They made the mistake and I reap the rewards. Not sure if they could make my life difficult with the client though. Can the agency give me notice or does that have to come from the client?

    Option 4
    Get the agency to cancel the contract and go direct with the client at a new improved rate for both client and me. As it would be the agency cancelling the contract would that mean this is a workable option?

    Thoughts, comments, suggestions welcome.
    Option 1.5 - you repay half the difference and re-issue the contract. If that doesn't work then Option 1

  3. #13

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    Quote Originally Posted by SlipTheJab View Post
    ^^ It's gotta be this. Like NLUK points out 100 notes a day is a big markup, get them down to at least 50 and agree to pay the difference back, win, win.
    Really? 10% markup seems pretty reasonable.
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  4. #14

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    Quote Originally Posted by northernladyuk View Post
    Really? 10% markup seems pretty reasonable.
    Nah. They guy can't even read his contract. It's probably more like 50%
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    Quote Originally Posted by northernladuk View Post
    Nah. They guy can't even read his contract. It's probably more like 50%
    Markup or margin?
    Where there's muck there's brass.

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    Quote Originally Posted by northernladyuk View Post
    Markup or margin?
    I'd have to ask my accountant.
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    Personally, I don't think the agency has a leg to stand on. Rate y was in the contract AND they've been paying rate y. I take it rate y is on your invoices too, so plenty of opportunity to spot the error earlier. If rate x was on the contract, then it would be a different.

    Do you have any free legal or contract advice options avaluable to you, maybe through professional insurances? I'd want to know for sure where I stood legally.

    I'd be trying very hard for option 2, followed by option 1.5 as others have suggested if you want to be nice.

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    Quote Originally Posted by BlasterBates View Post
    If it goes to court you will be asked what was verbally agreed
    It was rate y M'luud.



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    Quote Originally Posted by chickenlegs View Post
    Personally, I don't think the agency has a leg to stand on. Rate y was in the contract AND they've been paying rate y. I take it rate y is on your invoices too, so plenty of opportunity to spot the error earlier. If rate x was on the contract, then it would be a different.

    Do you have any free legal or contract advice options avaluable to you, maybe through professional insurances? I'd want to know for sure where I stood legally.

    I'd be trying very hard for option 2, followed by option 1.5 as others have suggested if you want to be nice.
    They can terminate the contract.
    Where there's muck there's brass.

  10. #20

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    Quote Originally Posted by contractmonkey View Post
    At no point have I made a mistake. I did read the contract and and was prepared to see where it lead. It's now lead to this, hence my options/questions.
    So you KNEW the contract was wrong. You KNEW they were paying the wrong amount and (I presume) you therefore WILFULLY invoiced the wrong amount.

    Option 2 is your most favourable outcome but, as the error is just as much yours as it is theirs, then Option 1 is fairest. Prepare for the worst, hope for the best.

    Option 3 is just pathetic given that you willingly creamed the money off them and now think it's their fault. Nice attitude.

    Option 4 is only achievable without a handcuff clause.
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