Originally posted by northernladuk
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Agency have put wrong daily rate on contract and have only just noticed...2 months in
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Originally posted by contractmonkey View PostHistory:
I started a 6 month contract 2 months ago and had agreed a rate (x) with the agency. When my contract came through it was rate (y) (an additional £100 per day.) The agency have effectively put the client rate down that they are charging me out at rather than what I agreed with them. The agency and I signed the contract and they have been paying my rate (y) for the last 2 months. However, they've just realised what has happened and are now panicking.
I'm looking for people's onions here. I figure my options are listed below. I don't want to hear the usual "you agreed a rate with them blah blah blah," I'm interested in what you think of my options / questions below and if you can think of any others :-)
Option 1
The honest part of me says let them re-issue the contract, we come to some agreement about me paying back the extra money and leave it at that.
Option 2
They re-issue the contract, write off the difference between rates as a gesture of good will and I carry on with a new contract.
Option 3
Screw them. They made the mistake and I reap the rewards. Not sure if they could make my life difficult with the client though. Can the agency give me notice or does that have to come from the client?
Option 4
Get the agency to cancel the contract and go direct with the client at a new improved rate for both client and me. As it would be the agency cancelling the contract would that mean this is a workable option?
Thoughts, comments, suggestions welcome.Comment
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Originally posted by SlipTheJab View Post^^ It's gotta be this. Like NLUK points out 100 notes a day is a big markup, get them down to at least 50 and agree to pay the difference back, win, win.Comment
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Originally posted by northernladyuk View PostReally? 10% markup seems pretty reasonable.'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
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Originally posted by northernladuk View PostNah. They guy can't even read his contract. It's probably more like 50%Comment
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Originally posted by northernladyuk View PostMarkup or margin?'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
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Personally, I don't think the agency has a leg to stand on. Rate y was in the contract AND they've been paying rate y. I take it rate y is on your invoices too, so plenty of opportunity to spot the error earlier. If rate x was on the contract, then it would be a different.
Do you have any free legal or contract advice options avaluable to you, maybe through professional insurances? I'd want to know for sure where I stood legally.
I'd be trying very hard for option 2, followed by option 1.5 as others have suggested if you want to be nice.Comment
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Originally posted by BlasterBates View PostIf it goes to court you will be asked what was verbally agreed
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Originally posted by chickenlegs View PostPersonally, I don't think the agency has a leg to stand on. Rate y was in the contract AND they've been paying rate y. I take it rate y is on your invoices too, so plenty of opportunity to spot the error earlier. If rate x was on the contract, then it would be a different.
Do you have any free legal or contract advice options avaluable to you, maybe through professional insurances? I'd want to know for sure where I stood legally.
I'd be trying very hard for option 2, followed by option 1.5 as others have suggested if you want to be nice.Comment
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Originally posted by contractmonkey View PostAt no point have I made a mistake. I did read the contract and and was prepared to see where it lead. It's now lead to this, hence my options/questions.
Option 2 is your most favourable outcome but, as the error is just as much yours as it is theirs, then Option 1 is fairest. Prepare for the worst, hope for the best.
Option 3 is just pathetic given that you willingly creamed the money off them and now think it's their fault. Nice attitude.
Option 4 is only achievable without a handcuff clause.Comment
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