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Advice on Complex Situation

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    #21
    Originally posted by timek View Post
    thanks for the helpful advise - agency is playing hard ball, so will speak to the client to see how serious they are about retaining me .... and take it from there.
    Did the agency pay you for work done after the consultancy you worked through went bust?
    Free advice and opinions - refunds are available if you are not 100% satisfied.

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      #22
      Originally posted by Wanderer View Post
      Did the agency pay you for work done after the consultancy you worked through went bust?
      not yet.... as they also have in the contract they will not pay if they believe that consultancy will not pay them...... so nothing from them yet.
      Last edited by timek; 6 February 2013, 13:42.

      Comment


        #23
        Originally posted by timek View Post
        they also have in the contract they will not pay if they believe that consultancy will not pay them...... so nothing from them yet.
        If you properly entered into the opt out then it may be possible that they can hold you to this. However, if you signed the opt out AFTER you were introduced to the client then you may have a case that it wasn't valid and they must pay you regardless of if the client pays or not.

        I would proceed with dunning (do a search on that term) to recover the debt. If they quote that clause then tell them that your opt out was after the introduction therefore not valid and you are proceeding with legal action on the basis that the agency conduct regulations requires that they pay you even if they have not been paid.

        They will argue the point about the opt out and paying you of course, just tell them that they can argue it in front of the judge in court and no further discussion will be entered into.
        Free advice and opinions - refunds are available if you are not 100% satisfied.

        Comment


          #24
          HI

          Originally posted by Wanderer View Post
          If you properly entered into the opt out then it may be possible that they can hold you to this. However, if you signed the opt out AFTER you were introduced to the client then you may have a case that it wasn't valid and they must pay you regardless of if the client pays or not.

          I would proceed with dunning (do a search on that term) to recover the debt. If they quote that clause then tell them that your opt out was after the introduction therefore not valid and you are proceeding with legal action on the basis that the agency conduct regulations requires that they pay you even if they have not been paid.

          They will argue the point about the opt out and paying you of course, just tell them that they can argue it in front of the judge in court and no further discussion will be entered into.
          Why don't you try for a NEW contract rather than complicating things for yourself. At the end of the day, you don't want to put yourself in a TRICKY position.

          Be careful!

          Comment


            #25
            Originally posted by iamintoit View Post
            Why don't you try for a NEW contract rather than complicating things for yourself. At the end of the day, you don't want to put yourself in a TRICKY position.

            Be careful!

            new contract with whom? Remember in the old contract it says you cant work for someone who we introduced to for a period after the contract ends.... also if opt out is valid than this clause applies.... else as per wanderers suggestion need to confirm if opt out is valid.

            Comment


              #26
              Originally posted by iamintoit View Post
              Why don't you try for a NEW contract rather than complicating things for yourself. At the end of the day, you don't want to put yourself in a TRICKY position.

              Be careful!
              I don't know what is worse, Chav txt spk or random capital words in sentences. Saying that either of them make it difficult to take the post seriously.
              'CUK forum personality of 2011 - Winner - Yes really!!!!

              Comment


                #27
                northernladuk

                Originally posted by northernladuk View Post
                I don't know what is worse, Chav txt spk or random capital words in sentences. Saying that either of them make it difficult to take the post seriously.
                why do you have to complain SO MUCH... now write something for these CAPS as well northernlad!
                Last edited by iamintoit; 7 February 2013, 15:26.

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