**termination with no notice - breach of contract**court case *help needed*

[TheFaQQer]

Yes, I considered those points.

However from a responsibility point of view shouldn't a dirctor fight to secure revenue owed?

You assume that there is revenue owed.

[prozak]

You assume that there is revenue owed.

Not at all. I was going to say revenue "owed" but shied away from being one of those people that make invisible quote signs in the air.

[Wanderer]

A responsible director would have taken legal advice before exposing the company to the massive risk of getting hammered for costs on the case.

To get this far without speaking to a lawyer is madness. To do so without any form of insurance is doubly so.

Insurance against what risk exactly? There is no risk of monetary loss to the company which has probably has no assets and nothing to lose. If the company loses the case and has damages and/or costs awarded against them then the company folds.

[diesel]

i have not read all 22 pages of this thread, butr last year i was in similar position. made many complaint to agency and then send a letter with deadline with threat of small claims court. i even taken legal help from (free form) from Qdos contractor support. Then agent became very cheeky and said if do submit a legal claim they will counter claim from me for lack of services provided. Hence, with legal advice decided that it was not worth pursuing. They had paid me up to all days work except with no notice period.

lesson learnt and next time i read contract T&Cs and stand my ground if i dont agree with any clauses that may ever result in unfair dismissal of contract.

[Wanderer]

hen agent became very cheeky and said if do submit a legal claim they will counter claim from me for lack of services provided.

Cheeky buggers. I would have called their bluff for that.

[KittyCat]

Either you have more money than sense to take this case to a court where the judge can award costs, or there is no case and you're trolling for a response.

Since you didn't even have a solicitor at the start of the thread, I'm going to go with the second of those options.

I already stated that the agency said there was no case & wanted dismissed - the Judge was not impressed & they lost that ruling with no costs - so clearly there IS a case - your 2nd assumption is wrong - fact.

[KittyCat]

Since you didn't even have a solicitor at the start of the thread?

I already stated that the agency said there was no case & wanted dismissed - the Judge was not impressed & they lost that ruling with no costs - so clearly there IS a case - your 2nd assumption is wrong - fact.

Why do you assume that someone can not represent themselves?

At the end of the day I know the detail & the facts .. & I can speak! & judging by the agencies solicitor who was a rambling numpty that went all round the houses without actually making any point & had to be stopped by the judge to ask actually what is the point they are making? & led the court right into one of my defences! no substance! & I have studied business law from a very respected teacher - so I know enough - the rest I can find out - most importantly I know the facts?

I'll get advice from business link - I dont really trust solicitors or accountants!

[KittyCat]

Did you not think of doing that before taking them to court?

No - due to shock! tried the nice way to sort i.e. communication & then negotiation / arbitration - whatever it takes - court is last resort - yes should have done immediately - but actually having been a contractor for a number of years now - most clients/agencies do NOT behave in this way! I think it is best to resolve together but if your stonewalled - i.e were bigger than you we can do what we like, O & we have a big legal team to frighten you - I dont have more money than sense but also wont be bullied - I'm willing to take the risk

[KittyCat]

Who are PCG?

If you reallly are doing this because of the principal and believe it is important for contractors.... Have you spoken to the PCG?

They claim they like to help (sure i've read it somewhere) in cases that are important.

Who are PCG - & will they just want me to pay them! do they have a legal helpline?

[KittyCat]

I'll give you a 0% chance of you getting any costs for lost revenue due to time spent on the case.

Well your 0% correct - as costs have already been awarded to me when they did'nt show up?

and the judge specifically said to me to list special damages - which is a lot more than my original claim