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Ripped off by agency on the rate due to lies? what are my options?

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    #21
    Resolved
    Last edited by Patek; 15 September 2017, 10:58.

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      #22
      Originally posted by Patek View Post
      could it not benefit me in this instance as i can just walk away and work for another agent (with the same client, if i want) ? what are your thoughts?
      Nope. Whether you signed the contract or not you have agreed to it the moment you stepped foot on the client's site to start work.

      However depending on the size of the client you may not have a restraint of trade clause either at all or that can be enforced.

      Finally find person at the client who deals with agents and inform them clearly and concisely by email what the agency did. Don't use the ramble you wrote here. Some organisations don't like being ripped off by agencies.
      "You’re just a bad memory who doesn’t know when to go away" JR

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        #23
        Originally posted by Patek View Post
        It's not that I agreed £395 like I thought that was a good deal. I was on £400 before and went to the interview and handed my notice in and took the hit on the travel in order to be on £450. He lied and said the client said x-y-z, and I would have been out of a job for weeks or more if I did not accept as I had no choice obviously. As he put me in limbo. So that is not the same as a fair negotiation, his tactics surely are in some kind of breach? You should read the longer version if we are discussing his tactics of how he lied his way into the lower rate.

        It's more the practice of how he lied using people's names that he didn't even talk to. That is what concerns me

        Worst case scenario I will call his bluff and hand my notice in and finish up at the end of next week. As I'm not interested in all this extra travel for no benefit. He can take it or leave it pay me the agreed £450 effective immediately or I walk. I'll go to another agency afterwards I don't give a monkeys how will he ever know, implied contract I don't give a crap I didn't sign so let him take me all the way

        There's your mistake right there, should've completed the contract you were in.

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          #24
          Originally posted by Patek View Post
          It's not that I agreed £395 like I thought that was a good deal. I was on £400 before and went to the interview and handed my notice in and took the hit on the travel in order to be on £450. He lied and said the client said x-y-z, and I would have been out of a job for weeks or more if I did not accept as I had no choice obviously.
          There's your first mistake.
          You handed in notice before you had a signed contract at the new place.

          And your second mistake was to tell the agent. The moment you disclose something that is absolutely none of his business you have simply told him you are naive. From that point he knew he had you by the dangly bits.

          My suggestion would be to just walk, and make it plain to the client that the agents has screwed you and them. That'll cost you money, and the client pain, but the agent more pain and money. And try and get your old contract back (as long as you haven't burned that bridge).
          See You Next Tuesday

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            #25
            Originally posted by Patek View Post
            I'll go to another agency afterwards I don't give a monkeys how will he ever know, implied contract I don't give a crap I didn't sign so let him take me all the way
            yeah. that's the spirit. Just ignore the law and what you've agreed to (however naively). It'll all work out just fine.
            The agent will just let that go won't he?

            Don't compound your error...
            See You Next Tuesday

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              #26
              Originally posted by Patek View Post
              do you have any legal proof this is the case? thanks
              The alternative is that you were trespassing on the client site and illegally accessing their systems.

              To finesse the suck it up or walk advice. If you are going to walk, you may as well negotiate with the agent first with the threat of walking. Having turned up on site and worked with a contact in front of you saying 395, you have left it a bit late IMO.

              Lesson learnt I hope.

              Comment


                #27
                Resolved
                Last edited by Patek; 15 September 2017, 10:58.

                Comment


                  #28
                  Originally posted by Patek View Post
                  Thank you sue, finally a positive response ! Really appreciated

                  Ok let's say I accepted the contract by walking in, fair enough. Do you believe I automatically agreed to the opt out by walking in? As that's is a separate part of the contract which surely needs to be signed to be considered agreed?
                  You agreed to the last version of the contract on offer, presumably the one from the agency to you, at the rate defined in that contract schedule. I rather doubt you will have managed to opt out properly based on what I've seen in this thread, so in all probability you're properly opted in. However that doesn't really matter a damn and has little bearing on your argument: at best it reduces the handcuff to 8 weeks or so which is not going to help you get back in via some other - and almost certainly unavailable - route.

                  Your choices are clear and have been explained several times now. Your existing contract is valid and in force, you either walk away in line with your contract's version of both notice period and handcuff clause, you can waste a lot of money pursuing a pointless case that you will lose or you get on with the job you have signed up to do. It's that simple.
                  Blog? What blog...?

                  Comment


                    #29
                    Originally posted by Lance View Post
                    There's your first mistake.
                    You handed in notice before you had a signed contract at the new place.

                    And your second mistake was to tell the agent. The moment you disclose something that is absolutely none of his business you have simply told him you are naive. From that point he knew he had you by the dangly bits.

                    My suggestion would be to just walk, and make it plain to the client that the agents has screwed you and them. That'll cost you money, and the client pain, but the agent more pain and money. And try and get your old contract back (as long as you haven't burned that bridge).

                    Hi Lance

                    I decided to discuss the issue with the director here. she's a very pleasant and helpful woman. She has confirmed my thoughts and was sad to hear that the agency said he had discussed with HR about a lower rate, she says that is enough in her opinion for me to move across to another agency that they use regularly as it was clearly a lie and no such conversation took place. She's Going to look into it today for me and noted that worst case scenario is I'll serve out the 4 months and they will figure out how I can move across. My client is enormous and carries weight, my current agent is quite a small company. The client doesn't want to lose me in any way shape or form so let's see what they can do.
                    I'll update as info comes through

                    Comment


                      #30
                      Originally posted by Patek View Post
                      Hi Lance

                      I decided to discuss the issue with the director here. she's a very pleasant and helpful woman. She has confirmed my thoughts and was sad to hear that the agency said he had discussed with HR about a lower rate, she says that is enough in her opinion for me to move across to another agency that they use regularly as it was clearly a lie and no such conversation took place. She's Going to look into it today for me and noted that worst case scenario is I'll serve out the 4 months and they will figure out how I can move across. My client is enormous and carries weight, my current agent is quite a small company. The client doesn't want to lose me in any way shape or form so let's see what they can do.
                      I'll update as info comes through
                      Sounds promising. Well done for pursuing. Let us know how it works out.

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