Trouble already - first contract.

[LondonManc]

Surely the hire company does an inspection when you return it? Or was it handed back to the client?

Oh yeah, but they'll claim that you damaged something that they knew was previously damaged to try and get money back.

I was provided with a car after I'd been hit in an accident a few years back. The chunts claimed there was a cigarette burn in the back seat that was new; given my son was 11 and the only passenger in the back, they were clearly bluffing. He'd seen his grandad die two years previously from smoking related illness so was and still is dead against it.

[VillageContractor]

Oh yeah, but they'll claim that you damaged something that they knew was previously damaged to try and get money back.

I was provided with a car after I'd been hit in an accident a few years back. The chunts claimed there was a cigarette burn in the back seat that was new; given my son was 11 and the only passenger in the back, they were clearly bluffing. He'd seen his grandad die two years previously from smoking related illness so was and still is dead against it.

Surely they can only do it when you hand it back. There and then. Because then the burden is on them to prove you're the one that damaged it? Or I am being naive here?

[SimonMac]

Ok there is two factors here.

1) You getting paid

Assume you did not correctly opt out, you can and should still expect to be paid, as mentioned once the terms have been breached start the dunning process.

2) The damage

This will come down to the contracts between the hire company and the third party (I assume your agent) and your agent and you, if there is nothing in your contact with the agency that references equipment liability then you are in the clear, they can try and go down the legal route but without anything in the contract it will be hard for them to argue.

Do not deal with the hire company, you have no relationship with them.

As to whether or not 1 and 2 are related, no they shouldn't be, however if the agent smells fresh blood from a newbie contractor it could get messy, this will prove a learning experience for you, if you continue to contract get some protection, PI/PL as a minimum but also consider something like IPSE who might be able to help with legal advice in the future.

Depending on the sums involved a couple of hundred quid on a solicitors letter might be enough to scare the agent off, assuming the contract is on your side.

[LondonManc]

Surely they can only do it when you hand it back. There and then. Because then the burden is on them to prove you're the one that damaged it? Or I am being naive here?

Yes

[Mr Panda]

Transpires the agency are withholding a chunk of my fee to cover potential costs.

Rationale agent has given is that his 'director would questioning payment whilst they could still get an invoice for the damaged unit'. Now although I could have pulled the agent through the phone at that point, the agent assures me that they are strongly contesting the damage, and have told the hire company to prove beyond reasonable doubt that I have caused the damage. For the sake of maintaining good relations with the agent (he has been amicable prior) and being confident the hire company could never prove one individual caused the damage I am giving the agent the benefit of the doubt at present. The agent says that morally it is wrong to withhold funds as the work was carried out and claims he would pay out of his own inventory if necessary - not sure what to think about this.

For the record I do recall the agent had very strong words with the hire company regarding late delivery of the equipment; I guess this is the hire companies payback.

Am I being naively fobbed off? I feel it's a balancing act of getting paid, but maintaining good relations.

[northernladuk]

Solicitors letter time then. Should only cost you a few tens of pounds. Should be pretty straightforward if there is no mention of the lit being liked to payment.

It will also focus the agent to fight the hire company harder when they know they are then going to have to come to you to ask for whatever monies are owed

[LondonManc]

Transpires the agency are withholding a chunk of my fee to cover potential costs.

Rationale agent has given is that his 'director would questioning payment whilst they could still get an invoice for the damaged unit'. Now although I could have pulled the agent through the phone at that point, the agent assures me that they are strongly contesting the damage, and have told the hire company to prove beyond reasonable doubt that I have caused the damage. For the sake of maintaining good relations with the agent (he has been amicable prior) and being confident the hire company could never prove one individual caused the damage I am giving the agent the benefit of the doubt at present. The agent says that morally it is wrong to withhold funds as the work was carried out and claims he would pay out of his own inventory if necessary - not sure what to think about this.

For the record I do recall the agent had very strong words with the hire company regarding late delivery of the equipment; I guess this is the hire companies payback.

Am I being naively fobbed off? I feel it's a balancing act of getting paid, but maintaining good relations.

YES

[SueEllen]

1. Stop speaking on the phone. People will first lie then deny later. If you wish to record what the agent said put it in an email to them and ask to confirm it is correct e.g. today at 2pm you said xxx. Is this correct?

2. Read your contract and read up on Dunning.

3. Start chasing your invoices. Use registered delivery. Why the snail mail? To avoid arguments if you later do go to court/use a debt collector about others in the agency not knowing the debt to you exists.

4. Contact Safer Collections. They are a debt collecting agency and are more use than going to court as they don't chase companies with no chance of recovery.

5. Get some public liability and professional indemnity insurance. If you have a similar issue in the future tell the agent to contact your insurers. Insurers have claims handlers and lawyers. Depending on the circumstances they will tell the company making the claim against you to bug off.

[NotAllThere]

Solicitors letter time then. Should only cost you a few tens of pounds. Should be pretty straightforward if there is no mention of the lit being liked to payment.

Solicitor's letter only need say that withholding payment for the work done is unlawful. Then just invoice until not paid on time. Dun for a few weeks, then go legal.

Frankly I wouldn't bother with the solicitor's letter until I hadn't had my invoice paid on time and dunning had failed to get the money.

[LondonManc]

One last step via email for me to give them a chance before legal route (and save yourself cash):

"Agent,

Thank you for your call of xxxx date at yyy time. My understanding from the call is that it is your intention to withhold some of my invoice due to the ongoing dispute over the damaged equipment. Please note that legally these must be treated as separate items and as such you are required to pay me in full for the work that I have already completed. Whilst I understand your predicament, if this matter is not resolved by (insert reasonable deadline here) you will unfortunately leave me with no option but to commence legal means of recovering that which is owed.

Best regards,
Mr Panda"