Copy of signed coontract - Umbrella

[Ketto]

Hi All,

I work through an umbrella, back in 2015 I applied for a first time buyer mortgage and was asked to supply copies of my previous contracts. The umbrella only provided an electronic summary of the contracts which I supplied to the broker, which were rejected as the broker needed copies of the signed contracts between the umbrella and the agency (I remember being very surprised as I was referred to the broker by the umbrella company!). This was easily resolved by the agency who provided said copies which were accepted by the broker who arranged the mortgage.

I am now with a new agency and umbrella (both arranged in haste regrettably) both of whom are refusing to provide me with the signed contract between themselves for my services. I'm not due to re-mortgage until 2020, but I can see this being an issue so I want to source a copy of this document. I should have asked for this up front of course, but unfortunately I didn't do this so I am where I am.

While the contract is between the Umbrella and the Agency, it will reference me and is for my services. Is there a way I can compel either party to provide this document under GDPR or any other legislation?

Appreciate any advice,

Thanks

[WTFH]

I'm not due to re-mortgage until 2020

I've yet to find a mortgage where you are forced to re-mortgage at a certain date.

Do you actually mean that you come out of a fixed term deal at that time?

My advice would be to save as much as you can, keep your finances clean, building up a good credit rating. Then, by the time you come to switching your mortgage, you look around at your options.
If you're on a repayment mortgage and have overpaid by a good whack, then when you look for a new mortgage deal, it should be at a better LTV. The lower the LTV, the more options you will get on a mortgage and the less questions you will get asked.

Different brokers and different mortgage providers will ask for different things. If you have consulted for 5 years and have tax returns/bank statements to back up 5 years of work then you may find that you won't be asked for particular signed documents.

You might find that after discussing your situation at the time, the best advice is to stick with your current mortgage. You might have gone Ltd by then and ditched the umbrella, in which case it's your Ltd documents that will have more sway. There are too many "what ifs" right now to worry about forcing someone to give you a copy of a document they don't want to give out and you may well not need.

[Ketto]

Thanks – yes I meant my deal ends in 2020. Been contracting for 13 years now, most likely stick with Umbrella route which I have used since 2011 (bar one year). I’d still like to have a copy of the contract, it was a deal breaker when I sorted my first mortgage in 2015.

[MrButton]

This document may have stuff in it they don’t want you to read.

IMO you should be looking at different lenders through a decent broker.

Interesting subject around mortgages and umbrellas. Haven’t seen it discussed in detail. I guess that’ll change if the private sec dumps a bunch of gigs inside ir35 and umbrella usage goes up.

[WTFH]

Thanks – yes I meant my deal ends in 2020. Been contracting for 13 years now, most likely stick with Umbrella route which I have used since 2011 (bar one year). I’d still like to have a copy of the contract, it was a deal breaker when I sorted my first mortgage in 2015.

OK, so the issue is that you want to use an umbrella, but then you don't like it that they won't disclose their contracts.

Take your pick - stick with your current umbrella without seeing the contract, move to a different umbrella, or go Ltd.

And follow some of the advice I've given in the previous post as well about saving and having a good credit record.

[northernladuk]

I hear on the grapevine Umbrella contractors are getting a real hard time from the lenders, Halifax being mentioned a few times.

Although they are relaxing with LTD's as long as they meet their criteria, 3 months left on gig or whatever the rest is plain sailing. They've gone the other way and appear to be making it harder for brolly users. I believe it's risk based with all the non compliant umbrellas and loan carry on's at the moment. They want more diligence than the Umbrella set up can easily give.

[MLB]

Rate switching is also an option - this doesn't involve a review of your credit position. Often lenders will contact you a few months ahead of your rate end date to offer you the current deals.

[Ketto]

OK, so the issue is that you want to use an umbrella, but then you don't like it that they won't disclose their contracts.

Take your pick - stick with your current umbrella without seeing the contract, move to a different umbrella, or go Ltd.

And follow some of the advice I've given in the previous post as well about saving and having a good credit record.

My LTV is <60%, credit rating is 978 while all other factors within my control are all absolutely fine. I'm not trying to source this documentation to be awkward, I'm asking for it because the lenders I dealt with in 2015 all demanded it (to the point where the house purchase we had lined up nearly fell through) and because I have had no issue getting it in the past from other agencies. Going back to my original question I wanted to know if there is the legal means for me to have it disclosed as the documentation will reference me personally. I expect that this would be possible were it a public sector organisation via a subject access request, so I wanted to know if there is an equivalent for this in the private sector.

[Ketto]

I hear on the grapevine Umbrella contractors are getting a real hard time from the lenders, Halifax being mentioned a few times.

Although they are relaxing with LTD's as long as they meet their criteria, 3 months left on gig or whatever the rest is plain sailing. They've gone the other way and appear to be making it harder for brolly users. I believe it's risk based with all the non compliant umbrellas and loan carry on's at the moment. They want more diligence than the Umbrella set up can easily give.

Yep, working umbrella generally is a becoming a complete nightmare. No T&S, Preferred umbrella supplier lists amongst agencies, having to constantly switch pension provider/childcare voucher provider, being on the hook for employers NI/apprenticeship levy, different standards for documentation leading to problems such as my mortgage issue. Going back to Ltd feels more and more tempting.

[WTFH]

My LTV is <60%, credit rating is 978 while all other factors within my control are all absolutely fine. I'm not trying to source this documentation to be awkward, I'm asking for it because the lenders I dealt with in 2015 all demanded it (to the point where the house purchase we had lined up nearly fell through) and because I have had no issue getting it in the past from other agencies. Going back to my original question I wanted to know if there is the legal means for me to have it disclosed as the documentation will reference me personally. I expect that this would be possible were it a public sector organisation via a subject access request, so I wanted to know if there is an equivalent for this in the private sector.

It's a business contract between two businesses which will contain client-confidential information. You, as an employee of the umbrella, do not have a legal right to see it. An umbrella may offer to let you see it, but they are under no obligation to do so. Your best option is to either change to an umbrella where they will agree to do it, or to go Ltd.

(Alternatively, ignore the free advice given here, hire a lawyer at £200-400 per hour, and then find out)