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Left contract for a new one based on false promises. Help needed!

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    #31
    If it were me I'd drop it. It's 2.5 days of rate but you'll spend more than double that in time and stress.

    Look at it this way: you've bought 2.5 days of experience of what to look for in another contract and what happens when things go wrong. Pretty cheap to be honest.

    It's not clear if you're an old hand or just starting out in contracting. Have a look at the first timer guides on this site and start to adjust your thinking. You refer to ACAS and being employed. Assuming you're running your own LTD you need to make the mental adjustmant that you're not PAYE any more. You don't have a boss, ACAS aren't there for you and a contract is a legal document. You really need to be understanding what you're signing. There are firms out there that will look over a contract and advise (for a price) but in the end it's all your responsability.

    Yeah, moving offices is crap. Yeah, the commute would have been crap. It happens, move on. Spend time with your family. Best case scenario is you "win" a victory over the agency but it'll be a pyrrhic one.

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      #32
      Originally posted by ChangePM View Post
      I've googled dunning - that isn't getting me paid.
      I've come to a bit of a stalemate having made numerous calls and sending countless emails (both friendly and forceful), they are refusing to pay me.

      What is the next step?
      why not?
      Follow the process. Don't spend much time on it. You might get paid after a few months.
      If you have a contract, have submitted an invoice, and can prove you met the terms of the contract and worked the 2.5 days then there's no reason you won;t get paid. It's all down to whether you can be bothered.

      Sounds like you can't be bothered if you won't follow this process so no you won't get paid.
      See You Next Tuesday

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        #33
        IPSE+ else you are dead in the water with the bit that says the agent won't pay if the client doesn't.
        'CUK forum personality of 2011 - Winner - Yes really!!!!

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          #34
          A sorry tale. IMHO, move on, put it down to experience and a valued lesson learned. Give your daughter a big hug, go out and get pissed at the weekend and forget it. Sit down on Monday and look for something new.

          Best of luck mate
          We got the Oystons out like we said we would

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            #35
            Originally posted by ChangePM View Post
            I've googled dunning - that isn't getting me paid.
            I've come to a bit of a stalemate having made numerous calls and sending countless emails (both friendly and forceful), they are refusing to pay me.

            What is the next step?
            Stop phoning and sending emails. Next steps are:

            1. Send a letter before action
            2. Send a letter of intended proceedings
            3. File a claim with MoneyClaim Online

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              #36
              Originally posted by northernladyuk View Post
              Stop phoning and sending emails. Next steps are:

              1. Send a letter before action
              2. Send a letter of intended proceedings
              3. File a claim with MoneyClaim Online
              Thanks, this is the sort of help I was looking for.
              Dunning is going nowhere and I'm now being hit with radio silence. Hopefully a letter before action will stir some sort of response.

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                #37
                Originally posted by Hertsseasider View Post
                A sorry tale. IMHO, move on, put it down to experience and a valued lesson learned. Give your daughter a big hug, go out and get pissed at the weekend and forget it. Sit down on Monday and look for something new.

                Best of luck mate
                Cheers, I'm going to send a letter and go through the process but I'm not holding out any hope.

                In my head I've written it off, moved on, hugged my daughter and I'm now looking forward to a few beers on Saturday night with the lads....... who will no doubt find this whole episode hilarious and I'll not hear the end of it all night!

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                  #38
                  Yeah don't worry about it and move on. I would have made the same decision, not worth not seeing your young kids grow up.

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                    #39
                    Originally posted by ChangePM View Post
                    1) Here's where it gets a bit messy. Yes, the contract states that I'm opted out. The back story here is that the agency wouldn't send me the log-in details to the timesheet portal until I had signed the contract. I signed the contract the day after leaving. Essentially they held me to ransom "sign the contract or you're not submitting a timesheet". *I have countless emails from the consultant basically saying that I should sign the contract so they can pay me.

                    2) I think so, I'm going to get in touch with the insurers this afternoon to test the water.

                    3) The contract says that they may withhold payment if they don't receive payment.
                    But, here's the thing. The agency are quoting and enforcing some of these clauses and subclauses of the contract, yet convieiently forgetting to enforce the contract terms regarding where the contract is based (i.e. the office in Manchester). They are almost picking and choosing which terms they want to play by to suit their agenda of not paying me.

                    Noted. I think its fairly safe to say that I won't be working with this agency or client again. In the grand scheme of things, it's 2.5 days - not the end of the world. It's more of a principle for me now, I left a contract and now find myself out of work. The fact that they aren't paying me for the time that I did work is just adding a bit of insult to injury.
                    Fairly sure you can only opt out before you start work, so you're defacto opted in... I'd chase the payment on princple.

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                      #40
                      Originally posted by northernladyuk View Post
                      Stop phoning and sending emails. Next steps are:

                      1. Send a letter before action
                      2. Send a letter of intended proceedings
                      3. File a claim with MoneyClaim Online
                      WSS - might as well do this - no hassle at all.
                      Rhyddid i lofnod psychocandy!!!!

                      Comment

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