Agency witholding money, invalid opt out.

[mr_woo]

Thanks for the responses. I do understand why agency's put these clauses in to prevent people jumping ship. I do also think in sittuations like mine the clause is being taken out of context.

However the opt-out issue to me seems very clear. Ask to opt out 15 months after commencing on client site. Opt out invalid. Therefore Woo 1 Agency 0.

I can see this going to court and I will name and shame once all proceedings are over.

[SueEllen]

When you argue with companies/people over legal matters your aim should be the route that will get you the money or whatever you are after with the least amount of effort.

Sometimes to get this you have to think laterally and use another law/contract clause, which though it could be minor, will get you what your after as it's already been tested in the courts.

In short you can either spend a long time arguing about an opt-in/opt-out clause and have to engage and pay lawyers, or you could chase them as a debtor in the way mavster07 already stated..........

[mr_woo]

When you argue with companies/people over legal matters your aim should be the route that will get you the money or whatever you are after with the least amount of effort.

Sometimes to get this you have to think laterally and use another law/contract clause, which though it could be minor, will get you what your after as it's already been tested in the courts.

In short you can either spend a long time arguing about an opt-in/opt-out clause and have to engage and pay lawyers, or you could chase them as a debtor in the way mavster07 already stated..........

Yes, that's exactly what I have been doing. I have already issued them with a final invoice and if not paid will proceed with small claims. However if the employment regs do count in my favour this will save "a long time arguing".

[cojak]

The restriction covenant will not be enforceable. You are not attempting to cut the agent out of the arrangement. The opt out is also invalid.

Step 1: Credit collection - you've done that and they ignored.
Step 2: Letter Before Action. They will probably ignore.
Step 3: Letter Before Intended Proceedings. Make sure you follow the pre action protocols.
Step 4: Money Claim online.
Step 5: Court. You will win
.

Pre Action Protocols - do you mean Dunning?

[SueEllen]

Yes, that's exactly what I have been doing. I have already issued them with a final invoice and if not paid will proceed with small claims. However if the employment regs do count in my favour this will save "a long time arguing".

No because this will just confuse the issue.

If their agency/client contract doesn't stipulate that if they lose the sole supplier contract you, as a subcontractor, aren't allowed to go via the new supplier then they have no reason not to pay you.

If you chase it as a bad debt and get it to court they will have to show that is the actual reason why they are not paying you as I presume your contract leaves this situation out entirely. *

Adding a line in your defence that you are opted-in to the employment regulations won't hurt, but the judge would ask you why did you sign something which you know is invalid?

*I've know of several large contracts where subcontractors and employees have been moved over to new suppliers. Was actually discussing a similar situation today about a project we have to interact with.

[Wanderer]

I would say if £3K is the penalty for getting another 6 months work, then that's not unreasonable and most of us would probably accept that deal.

Speak for yourself.