Agenct's Negligence

[northernladuk]

Bloody hell. Flying to HK to try and sort out the agents mess yourself?

Must be a well lucrative contract!!!!!

Personally, I'd have given this up a while ago...

No you wouldn't. You would have posted a whole load of questions on here expecting us to make decisions for you.

[tractor]

...

I am a typical contractor

Why do you think the agent does not want to specify a start date? I think it is because doing so will compromise their position in respect of work that I could have done from November 8th. They botched up then and now their aim is to keep the start date ambiguous to prevent me from making a claim against them.

To the first point, I don't think so, most of us would have walked away from this after the second cock up.

/ignore the wall of text in the middle.

To the last point, I suspect they don't want to put a start date in because you have swallowed all the hogwash thus far, why not push it a bit more. Have you even checked there is a rate in the contract?

I think you should meet the agent on the Jeremy Kyle Show so that we can all have a laugh.

[psychocandy]

No you wouldn't. You would have posted a whole load of questions on here expecting us to make decisions for you.

Any chance we can stay on topic here and not resort to personal insults?

[factgasm]

Hello, I opened this thread. I assure you this is entirely genuine. I fully appreciate your disbelief but I am not a troll. The very reason I went to Hong Kong was because I was understandably becoming concerned that the whole thing was a hoax.

Just to update to the story: I have this morning received an email (cced to me) from the client stating that in view of the delays they intend to find another candidate. I have emailed the agent to discuss matters this morning but they have so far failed to reply. The silence is deafening. I believe they have choosen to remain silent in order not to further incriminate themselves while seeking counsel.

Because the client has now withdrawn the offer I have no choice but to employ the services of a solicitor to take the case to court where I intend to sue the agency for the entire value of the contract (£65,000 + VAT) plus costs of visiting to Hong Kong and London plus legal costs. Please note that I am not a main stream IT developer but blend IT with Actuarial skills.

Also I have just listened to a voicemail from the agency’s MD from Wednesday evening where says she cannot specify a start date until the Hong Kong work permit has been issued. This overlooks the fact that the client wanted me to start work on the project at their London office as an interim while the work permit was processed in Hong Kong. She cannot rely on this defence as clearly the client did not require me to obtain a HK work permit before starting work.

The agency was already aware of this proposed arrangement - it was they themselves who conveyed it to me several times in November and it was repeated to me by the client in Hong Kong last Monday.


Conclusion.
The agency was negligent in failing to issue the appropriate contract to me on November 8th. This will be the main charge against them. In so far that the agent refused to specify a start date, this placed me in an impossible situation because the absence of such critical detail would invalidate my professional indemnity insurance.

Please find my KLM boarding passes from Hong to Cardiff via Amsterdam below.

https://skydrive.live.com/embed?cid=...EvKN4q5OetLewE

http://en.wikipedia.org/wiki/Law_of_agency (See 'Duties')
Negligence - Wikipedia, the free encyclopedia
Implied covenant of good faith and fair dealing - Wikipedia, the free encyclopedia
Illusory promise - Wikipedia, the free encyclopedia
Estoppel - Wikipedia, the free encyclopedia

PS The client's main office is One International Finance Centre from which Batman skyhooked the Chinese money launderer in the movie The Dark Knight. However I would have been working at more modest premises in Sheung Wan. I also got to spend a few minutes reminiscing at the Youth Hostel I stayed at on Mount Davis in West Hong Kong island that I had not seen since May 1993. I did wonder if I would ever get to see it again and I was happy I did.

[TestMangler]

Hello, I opened this thread. I assure you this is entirely genuine. I fully appreciate your disbelief but I am not a troll. The very reason I went to Hong Kong was because I was understandably becoming concerned that the whole thing was a hoax.
.

In the words of John McEnroe.........W.T.F ????

You flew to hong Kong because it 'might be a hoax' ?

Have you ever sent any money to an attorney in Nigeria by Western Union ??

[factgasm]

In the words of John McEnroe.........W.T.F ????

You flew to hong Kong because it 'might be a hoax' ?

Have you ever sent any money to an attorney in Nigeria by Western Union ??

Well, the client is a global blue chip company and the agency is a well established actuarial appointments agency with whom I have previously enjoyed numerous excellent contracts.

I could understand your sarcasm if I had never heard of either.

[tractor]

...

Well, the client is a global blue chip company and the agency is a well established actuarial appointments agency with whom I have previously enjoyed numerous excellent contracts.

I could understand your sarcasm if I had never heard of either.

You imply the fact that because they are global and blue chip should afford them some respect. Internet fora throughout the world are littered with examples of poor behaviour and lack of scruples from such companies.

"Therefore, on Friday 2nd December I had become so sick of the confusion, procrastination, obfuscation, miscommunication, assertion and retraction, I booked a return flight to Hong Kong to talk directly with the client there.

On Monday 5th December I went to the client’s offices in Hong Kong and by luck was able to meet the relevant people immediately."

That was a bit of a chance. Who would you have seen and what would you have said to them if the planets were not so aligned? Hello, I saw an advert on Jobserve and thought I'd come and see for myself?

Sorry, but this seems like a negotiation that has gone wrong where you went out for some sightseeing or advance rec'cying and the contract didn't come off so you are looking to expense it.

[factgasm]

You imply the fact that because they are global and blue chip should afford them some respect. Internet fora throughout the world are littered with examples of poor behaviour and lack of scruples from such companies.

"Therefore, on Friday 2nd December I had become so sick of the confusion, procrastination, obfuscation, miscommunication, assertion and retraction, I booked a return flight to Hong Kong to talk directly with the client there.

On Monday 5th December I went to the client’s offices in Hong Kong and by luck was able to meet the relevant people immediately."

That was a bit of a chance. Who would you have seen and what would you have said to them if the planets were not so aligned? Hello, I saw an advert on Jobserve and thought I'd come and see for myself?

Sorry, but this seems like a negotiation that has gone wrong where you went out for some sightseeing or advance rec'cying and the contract didn't come off so you are looking to expense it.

Whatever.

[Support Monkey]

"During the seven week delay I turned down numerous interviews with other prospective clients"

No Disrespect but 7 weeks and a flight out of your own pocket, all i can say is it must have been a hell of a gig

2 weeks i can understand but 7, i would have been interviewing else where in that time and then told em to jog on when i found somethig else

[curtis]

factgasm read your post back can you not understand why people are sceptical, your waiting months hanging onto a possible job that you had no proper confirmation for and still right now has not happened.

Why did you not walk away!! Most people having been messed around this much just within a few weeks would have moved on to other roles not still be there months later still hanging onto it.

Due to thinking it was a hoax you took your time and a lot of money to fly to Hong Kong to see if it was real...who would do this?? you must be rich or mad or both why would anyone do this and BUY a flight to see if a contract is real??? I would not even drive 10 miles to go and see if a contract was real to try and talk to the client with all that hassle, if the agent is messing me that much around I walk away as I would not want to be working through a bunch of useless idiots anyhow!!