Woes Around Opt-Out and Payment

[trundrumbalind]

Most implementations of Docusign and Echosign will immediately send you an email as a record after you have electronically agreed to a contract using their service.

Yes I received those immediately however I only received a contract with the "Contractor has opted-out" field printed as "Yes". There's nothing else in the document vault.

[malvolio]

Basically, what they all said. The opt out may be (quite probably is) invalid but that is not all the story. Whatever is in your contract around terms of payment is also significant. If you're in IPSE call the legal and/or tax helplines, if not go talk to a lawyer. If the payment terms are conditional on your opt out then you have a challenge.

Oddly enough we were just discussing this kind of thing in another context. If you're up for a fight - and I mean a real fight through the legal system - to stick one on our agency bedfellows, to settle for once and all what the opt out means and how it affects cases such as yours and how it is probably being abused by every agency out there, then I know someone with deep pockets who would help out. If so, drop me a PM.

[VectraMan]

Oh I definitely don't think it was a mistake in that regard! I just think they would have meant to withhold that month's payment when they learned of the administration but maybe some inter-office drop in communication allowed the payment to go through anyway. A mistake for them that is.

Or maybe they sent you half judging you were then unlikely to chase the rest.

I thought an opt-out had to be a separate form. Sending you an opted-out contract doesn't count as you had no ability to opt.

[LondonManc]

Oh I definitely don't think it was a mistake in that regard! I just think they would have meant to withhold that month's payment when they learned of the administration but maybe some inter-office drop in communication allowed the payment to go through anyway. A mistake for them that is.

Okay, but the point still stands that they've paid you what you're legally entitled to; there is no error and there are no grounds for them to recover it.

[SimonMac]

Oddly enough we were just discussing this kind of thing in another context. If you're up for a fight - and I mean a real fight through the legal system - to stick one on our agency bedfellows, to settle for once and all what the opt out means and how it affects cases such as yours and how it is probably being abused by every agency out there, then I know someone with deep pockets who would help out. If so, drop me a PM.

Is this a campaign promise of yours?

[malvolio]

Is this a campaign promise of yours?

Sorry? No idea what you're on about...

[SimonMac]

Sorry? No idea what you're on about...

[trundrumbalind]

Hey everyone, thanks so much for all your help. The email situation is that I'm not waiting for their US-based account manager to get back to me. I'm feeling confident about not being pressured to repay the first amount they made to me. Not too sure about the payment not due until next month though. I'm sure I'm in the right about a lot of this, I just don't want legal hassle or for things to get nasty and for me to start receiving demands for cash back!

[malvolio]

Hey everyone, thanks so much for all your help. The email situation is that I'm not waiting for their US-based account manager to get back to me. I'm feeling confident about not being pressured to repay the first amount they made to me. Not too sure about the payment not due until next month though. I'm sure I'm in the right about a lot of this, I just don't want legal hassle or for things to get nasty and for me to start receiving demands for cash back!

Like I said, if it all goes tits up, and I hope it doesn't, then shout.

[missinggreenfields]

If you're in IPSE call the legal and/or tax helplines, if not go talk to a lawyer and then click on the big IPSE banner at the top of the page or here and join up!

FTFY