Agency not reissuing a new contract

[P3rcyp]

Is the agency trying to renegotiate the rates with the client?

No, I have a great relationship with the client and I know they are facing the same issue as me. They do not want to get someone else as they know me and my abilities and it would impact the projects. However I do understand their position as they can't wait for ever as it is B2B so they need to think of their customers.

[P3rcyp]

The actual agent has probably left and the idiots in the office haven't bothered to pick up their emails.

Normally there is a director who will deal with this if the agent isn't around.

You are correct. The original agent who got me the gig left and sent me a mail with his "Team Directors" details. I spoke to the guy when my last renewal was up but that was an effort as he really didn't seem bothered. This time he is as visible as Lord Lucan. Its the fact that myself and the client have tried other avenues and spoke to "reception", left voicemails etc but nothing. The agency are not small but that might be the problem. Maybe they know they will never have another chance with my client so they are concentrating on other potentials. I just cant believe they are turning down easy money.

I am at the point now that I might just walk away and get another contract.

It makes me laugh that after 10 years and lot of contracts, I still learn new things :-)

[northernladuk]

How can the cliebt get another contractor to replace you? That would indicate they will need to speak to the agency and action it. Bearing in mind they won't action you what hope do they have?

No chance you can speak to the agency and throw a wobbler so you can speak to someone in charge?

[P3rcyp]

How can the cliebt get another contractor to replace you? That would indicate they will need to speak to the agency and action it. Bearing in mind they won't action you what hope do they have?

No chance you can speak to the agency and throw a wobbler so you can speak to someone in charge?

The client uses more than one agency. I happen to be the only person from the agency I am with/not with depending on how you look at it.

It has been discussed about me contracting with the other agency or direct but the client is nervous about that from a legal perspective and they are not prepared to pay the agency circa 25 or 30% of the annual contract cost to buy me out.

I have already done the wobbler albeit in a calmer manner and was told I will receive a call back. You can guess how that ended..........

[northernladuk]

Blimey. What a horrible situation that is.

Only thing I can think of now is to suggest to the client that they drop the duff agency. If they do that then the handcuff is void. The agent won't be getting any more work from them so they can't prove any loss. Just trying to stopping you just cause they won't to be arsey about it won't stand up.
Problem is it will cause a tulip storm and the client is going to have to argue the legals. They'll win but it's whether they have the appetite to bother just for one contractor.

[P3rcyp]

Blimey. What a horrible situation that is.

Only thing I can think of now is to suggest to the client that they drop the duff agency. If they do that then the handcuff is void. The agent won't be getting any more work from them so they can't prove any loss. Just trying to stopping you just cause they won't to be arsey about it won't stand up.
Problem is it will cause a tulip storm and the client is going to have to argue the legals. They'll win but it's whether they have the appetite to bother just for one contractor.

Client doesn't have the appetite to take the risk. I told them I am willing to go direct through my other limited company and then not publicise I am still working there. As I am the only contract through that agency I don't see it as a great risk and personally would take it if I was them. Unfortunately from a legal perspective, the agency would win if they found out anytime in the next 12 months and it would cost client.

I can guarantee 100% the client will never use this agency again.

It will probably all work itself out in the end but it makes me nervous and I hate the thought of possibly working for free. Only done it so far as I know the client wants to keep me but if nothing comes about next week then I can kiss goodbye to that wad of dosh.

[SueEllen]

Client doesn't have the appetite to take the risk. I told them I am willing to go direct through my other limited company and then not publicise I am still working there. As I am the only contract through that agency I don't see it as a great risk and personally would take it if I was them. Unfortunately from a legal perspective, the agency would win if they found out anytime in the next 12 months and it would cost client.

I can guarantee 100% the client will never use this agency again.

Not necessarily.

If you both back each other up by providing the other copies of documents proving you both attempted to contact the agency unsuccessfully many times by many methods to sort the contracts out but the agency refused to engage with either of you, I'm sure a solicitor could easily argue the handcuffs don't apply. The agency is clearly not interested in protecting it's commercial interests and is placing an unreasonable restraint of trade on the other two parties by then later trying to evoke the handcuffs.

The agency doesn't sound that big from the sounds of it so won't want to hire a solicitor either. They could try it on months later and a simple letter from a solicitor telling them to feck off explaining why should be enough.

[WTFH]

To be honest I don't as in my experience, that can cause a lot more issues than its worth.

Fair point.


Have you searched on here to see if the agent gets any mentions?

[psychocandy]

Maybe original agent sorted a bit of a crap deal with the original contract and now its not worth their while???

But as others have said, ask client to pick their agency and get them to call you....

[SueEllen]

Maybe original agent sorted a bit of a crap deal with the original contract and now its not worth their while???

But as others have said, ask client to pick their agency and get them to call you....

What? It costs too much to change the dates and send out a contract?