Backdated opt-out tied to payment

[mcskiver]

Hi,

I'm not asking anything I can find existing on the board, so give me a minute to explain!

I understand the basics around opting out, and have generally avoided it whilst verbally agreeing to fill the form in when I get it (then not bothering).

I'm in a strange situation now though, where i'm just finishing a 1 month contract, and have now been sent a back-dated opt out form (backdated to prior to the start of my contract, and probably the interview date - I can't quite remember). I've been told that I have to opt-out to be paid, although I know this is illegal.

Interestingly, i've just accepted a 1 month extension of this contract too.

So, it seems to me there are two options:

1.) Sign the opt-out and be done with it.
2.) Refuse to sign it but then risk difficulties getting paid by the agency.

Is there anything I can do to ensure the agency pay me if I refuse to sign the opt-out? I've told them directly it's illegal, which they refute (obviously).

Also, can I just threaten to go direct to the client too for the extension?

[malvolio]

If they are refusing to pay you on such flimsy (and probably illegal) grounds (a) they are probably on the way out themselves and (b) you should drop them and go direct since they are clearly intending breaching their contract (and (c) they are effectively demanding money with menaces...)

You can't opt out reptrospectively anyway, only at renewal. Plus it is nothing to do with the agency at all, the decision can only be made by YourCo and you in combination.

Name and Shame - not Roy Rogers Associated by any chance...

[TheFaQQer]

You can file a complaint with whatever the DTI is called these days about the agency - get the blackmail (for that is what it is) in writing first, so that you have evidence.

Take the form, and write "ORIGINAL" on it in big letters. Sign it.

Take a photocopy of the signed form, and write "COPY" on it.

Post the copy to the agency. At the same time, send the original to yourself recorded delivery. Do not open the letter when it arrives - the agency then has something that shows that it is a copy. You then have the original, and proof of when it was sent in the event of any dispute.

[Sockpuppet]

You can file a complaint with whatever the DTI is called these days about the agency - get the blackmail (for that is what it is) in writing first, so that you have evidence.

Take the form, and write "ORIGINAL" on it in big letters. Sign it.

Take a photocopy of the signed form, and write "COPY" on it.

Post the copy to the agency. At the same time, send the original to yourself recorded delivery. Do not open the letter when it arrives - the agency then has something that shows that it is a copy. You then have the original, and proof of when it was sent in the event of any dispute.

Actually I'd sent it to your solicitor and get them to certify it as unsigned at x date. Then take a copy and sign it and return it.

For what its worth skip the bull crap and just go legal on their ass. When they are past due on thier account +£50 onto the amount + interest. Then go to court.

[mcskiver]

Cheers for the replies. I've had the form e-mailed to me, so i'm not sure I need to post it to myself as proof - the e-mail should do?

They've also sent a letter in the same e-mail specifying again that my payment is subject to me signing the opt-out:

"Please return the above documents, along with both signed copies of the Schedule and Terms and the Opt Out form to us within 10 days. We will be unable to process your payments until these documents have been received."

I'm going to send them everything except the opt-out on Monday when I get everything together, and if they insist on the opt-out I think i'll tell them i'm going to go direct with the client (my current contract runs out on Tuesday). If they refuse it looks like i've got a strong case, but i'll have to find a solicitor...

[Pondlife]

Also name and shame so others can be aware of such carppy tactics/

[mcskiver]

Commerce Partners...

[Hicks]

If they are refusing to pay you on such flimsy (and probably illegal) grounds (a) they are probably on the way out themselves and (b) you should drop them and go direct since they are clearly intending breaching their contract (and (c) they are effectively demanding money with menaces...)

You can't opt out reptrospectively anyway, only at renewal. Plus it is nothing to do with the agency at all, the decision can only be made by YourCo and you in combination.

Name and Shame - not Roy Rogers Associated by any chance...

How is this scenario different to when you interview for a new contract without having specified your desire to opt in or out and are therefore automatically opted in?

Surely, you are in the same position in that it is a renewal (therefore already know the client) and if you were opted in at the start of the contract on what grounds can you change this to opting out at renewal?

[thunderlizard]

One option is this:
(1) get some proper legal advice, which will confirm what Malvolio et al have just said
(2) sign the thing in order to get paid
(3) tell the agency what you've just done and why you won't be honouring the opt-out.

[SueEllen]

You can file a complaint with whatever the DTI is called these days about the agency - get the blackmail (for that is what it is) in writing first, so that you have evidence.

Take the form, and write "ORIGINAL" on it in big letters. Sign it.

Take a photocopy of the signed form, and write "COPY" on it.

Post the copy to the agency. At the same time, send the original to yourself recorded delivery. Do not open the letter when it arrives - the agency then has something that shows that it is a copy. You then have the original, and proof of when it was sent in the event of any dispute.

Very convoluted all you need to do is send the copy to the agency via recorded delivery and keep the slip. Also change the date on the original to the date you've signed it* and keep the envelope the original was sent to you in.

I've had legal disputes in the past where dates of documents being signed and posted where disputed, the fact I sent anything that could end up being disputed by recorded delivery meant the other side always settled even if I've had to go before a judge first.

If the agency still refuses to pay you have to follow debt recovery procedures and take them to court, which is easier as you have more evidence now of their dishonesty.

*Important a good lawyer will argue you delayed posting it