Agency have put wrong daily rate on contract and have only just noticed...2 months in

[chickenlegs]

This is B2B and contract law, not consumer law.

Cobblers. Been thinking at this with the wrong hat on (swaps B2C for B2B hat) Good point. I don't think this is clear cut, it could go either way.

Your call. Smacks of greed to me but I'd guess you'll get to keep some of it so fill your boots.

Whoa there, not my call, not even my problem, I'm not the OP! I'm just debating the ins and outs

I hereby revise my opinion to 2, followed by 1.5, expecting 1. I'd give it try, it's a bit late not to, OP has already put themselves on a collision course with the agent by not being honest in the first place.

[SeanT]

Two months ago, and only just noticed - OK, that stinks a bit, but if it's self-billing, and monthly, op may have only been paid once thus far (and legitimately too busy running around trying to work for a demanding client and figure out how to run a business at the same time)?

[chickenlegs]

Wrong.

If it's abundantly clear the price was a mistake and not intended to be marketed at that price ( ie website showing HD TV for £1 ) then the price is not legally binding.

Wrong. if they've deliveried it, its tough.


https://www.citizensadvice.org.uk/co...e-wrong-price/

But as you say, may not be relevant as this is b2c

[Darren_Test]

By any chance agency is T******..???

I had similar experience with these guys, but before signing I asked them about the difference. They realised mistake and corrected it. I came to know they take ~15% margin on my contract!!!

Now that you know their margin need to re-negotiate with agency for a better deal.

[northernladuk]

But as you say, may not be relevant as this is b2c

So no its not but thanks.

[WordIsBond]

What a stupid move.

They handed you, on a silver platter, the information of what their percentage was. You could have used it to your advantage. You could have said, "You've made a mistake but now I know what your cut is, seems a little high to me, don't you think you should be giving me another £25 / day?" You could have just sat on it until renewal and said, "You've been doing very well by me, £100 / day, that's too high, I want a £50 / day increase."

Instead, you raised a false invoice, or two, well knowing it wasn't the rate you'd agreed verbally.

They may not be able to prove in court that you verbally agreed that rate, but they know it. They know exactly what you've done. And they probably suspect you've done it intentionally, and if you try to play games here, you're a dead man walking, they'll terminate this contract and tell the end client you raised false invoices and are trying to avoid paying the money back.

Pay the money back. Ask them today to issue a corrected contract and tell them you can either pay them a refund today or just put a credit on your next invoice, whichever is easiest for them. Get it done. Somebody's finger is almost certainly hovering over the nuclear button to nuke your contract, depending on how you respond.

[psychocandy]

Hmmm. If you knew it was wrong (or do now) I can't see how you can tell them tough? Best to get would be option 2?

But as someone said, now you know their cut......

Completely different to the old scam where you agree rate, get paid it for three months, then they try and claim it was a mistake all along. Yeh right - heard that one once.

[northernladyuk]

Thinking this over it is Option 1. Are you trying to run an honest business that gives fair value to your client?

[MrMarkyMark]

IMO you are missing the best option.

100 quid sounds like a very high markup to me. Why don't you negotiated a better rate, let's start at 50 on your rate, maybe accept 25 quid. You offer to give them back the difference from the last 2 months ad a gesture of good wi and then continue on the new rate. They get more than enough and you actually make more over the whole engagement than you would squabbling over two overpayments you weren't really due anyway. You win, they win(ish), client need never know and your contract isn't at risk.

This, given the mark up was so high.

I certainly wouldn't be suggesting to them I keep any of the extra they have paid so far.

[billybiro]

but it would appear the OP knowing there has been a mistake in the contract

And if OP never admits to "knowing" about the mistake?