Unsigned contract - invoiced fine. PLEASE HELP!

[Zippy]

Are you saying that the non-solicitation clause wasn't in the contract you were sent to review?
If it was, and you saw it before you paid the bill, you might be on a sticky wicket.

[Wanderer]

we gave him some work but the agency has now invoiced us for £2000 for a fine for "solitication of staff"??

We also never signed a contract with her as she claims there wasnt time and although a contract was mentioned and we recieved a copy this solicitation clause was never even brought up.

A contract doesn't have to be signed to be binding, for example, you can buy something in a shop and you enter into a contract with the retailer without signing anything.

Have a read of the contract, does it mention paying a fee if you solicit workers from the agency? Is that fee a genuine pre-estimate of the loss suffered by the agency (which may be enforceable) or is it just a bingo number that they made up (which would be laughed out of court)?

She is now saying she is going to take us to court for the money?
She can't do this can she??

She can do whatever she wants. The question is would she win the case? I would be inclined to fight it and tell the agency to bugger off. But then again we don't much like agents here.

Taking a neutral view on it, the "fine" they are trying to get you to pay sounds excessive to me. I presume you paid the agency and the agency paid the worker? If so, find out what margin they would have made on the deal then calculate the actual loss suffered by the agency when you cut them out. This is the maximum you should have to pay - there are no solicitors fees allowable in small claims court and it's unlikely that they will be awarded consequential damages.

DON'T offer to pay any money to them without getting legal advice or you may prejudice your defence in the event that this comes to a court case.

You need to get proper legal advice on this one though, we are probably all completely wrong on this...

[LisaContractorUmbrella]

I would get legal advice - if you have paid invoices issued by the agency for the work done by this individual then there will be an implied contract; now that records can show that you are employing him directly it could be argued that the agency could sue for lack of earnings, with or without a signed contract.

[SueEllen]

I would get legal advice - if you have paid invoices issued by the agency for the work done by this individual then there will be an implied contract; now that records can show that you are employing him directly it could be argued that the agency could sue for lack of earnings, with or without a signed contract.

I would get the agency to take me to court.

The reason being is that lots of companies/people don't bother and just send threatening letters and make nasty phone calls.

Only when and if they get that far would I bother paying for legal advice to see if I should pay up before the hearing.

This is of course presuming they act reasonable with their demands for payment. If they are really nasty I would counter sue.

[Wanderer]

I would get the agency to take me to court. Only when and if they get that far would I bother paying for legal advice

This is probably the best advice! No point wasting money on a solicitor if it's all just bluff and bluster

[Safe Collections]

This is probably the best advice! No point wasting money on a solicitor if it's all just bluff and bluster

+1

(Unless you are really worried, in which case it might be worth getting an opinion just to settle your nerves )