Reply to: Agency applied for strike off at companies house - does it makes contract void?

[centurian]

I will disclose the guy and company once things are sorted. Don't want to give them any excuse they can use against me.

Highlighting items of public record is about as shielded as you can get, legal wise.

[SueEllen]

The client cannot really pay you directly. They have no contract with you, establishing one will almost certainly mean they (and likely you) are breaching the contracts that are in place. Whether this will have any actual consequences is a different issue, but probably some.

It probably wouldn't hurt you to check carefully what your contract says about successors, it is probably covered as to how things are dealt with in the case of the agency "disappearing" but it may not be. If it isn't then the contract is as dead as a dodo unless you agree to a transfer, new contract etc with somebody else.

Most contracts become void if either party becomes insolvent in any form.

I would hunt down the new owners and talk to the client just incase a few days off need to be taken.

[northernladuk]

If he's sold it then the new owners will be responsible for paying you so 'shouldnt' be a problem. Just need to find who they are and make it clear you expect business as usual. I believe the handcuff will prevent you going direct as they will have also bought all relationships and contracts.

[ASB]

Called the agent first thing in the morning. Now more confused than I was before. Long story short, the agent or owner, did not know that either because he sold the agency to another group, and was only dealing with his candidates on their behalf. He said he will get a new contract prepared from 1st of this month until end of contract and get it signed by the client and send it to me so I get paid. He also said he will make sure I don't loose out a penny. I believe that!!

Now I have 2 choices, go directly to the client and risk loosing a month payment, or sign the contract with new company and get paid by the agent and sign another handcuff clause.

Can client pay me directly and not pay the agent as they already applied for strike off, they shouldn't be taking any payment. right?

Any more options I can use?

The client cannot really pay you directly. They have no contract with you, establishing one will almost certainly mean they (and likely you) are breaching the contracts that are in place. Whether this will have any actual consequences is a different issue, but probably some.

It probably wouldn't hurt you to check carefully what your contract says about successors, it is probably covered as to how things are dealt with in the case of the agency "disappearing" but it may not be. If it isn't then the contract is as dead as a dodo unless you agree to a transfer, new contract etc with somebody else.

[saad]

Called the agent first thing in the morning. Now more confused than I was before. Long story short, the agent or owner, did not know that either because he sold the agency to another group, and was only dealing with his candidates on their behalf. He said he will get a new contract prepared from 1st of this month until end of contract and get it signed by the client and send it to me so I get paid. He also said he will make sure I don't loose out a penny. I believe that!!

Now I have 2 choices, go directly to the client and risk loosing a month payment, or sign the contract with new company and get paid by the agent and sign another handcuff clause.

Can client pay me directly and not pay the agent as they already applied for strike off, they shouldn't be taking any payment. right?

Any more options I can use?

[MrMarkyMark]

Email?? Jeez. Get on the bloody phone and get it sorted.

+1

Especially as there is a months money involved, put the pressure on ASAP.

[northernladuk]

I have dropped them an email and awaiting response

Email?? Jeez. Get on the bloody phone and get it sorted.

[saad]

You can object to the striking off. Do that. Remember this is completely different to the company going into liquidation. There is likely to be a decent explanation. You've done the right thing by asking the question of the agency. But unless you're dealing with someone high level you're unlikely to get an answer. On the upside you may cause mass hysteria among the ranks!

Name and shame the agency and I'll see if I can dig any info up for you.

I would send a letter tomorrow for sure and speak to the client as well, because if that's the case, I would rather don't work the remaining days and sit home than working and not getting paid.

With regards to naming and shaming, it's very likely that any member of this forum ever heard of it, it's kind of one man band using Indian call center for fishing candidates. I will disclose the guy and company once things are sorted. Don't want to give them any excuse they can use against me.

[SueEllen]

On the upside you may cause mass hysteria among the ranks!

This would be worth doing

[Alan @ BroomeAffinity]

You can object to the striking off. Do that. Remember this is completely different to the company going into liquidation. There is likely to be a decent explanation. You've done the right thing by asking the question of the agency. But unless you're dealing with someone high level you're unlikely to get an answer. On the upside you may cause mass hysteria among the ranks!

Name and shame the agency and I'll see if I can dig any info up for you.

[SueEllen]

It's voluntary application to strike off, not due to overdue accounts. And interestingly this request has been suspended due to some objection by the registrar.

My contract is ending in 2.5 weeks, so the amount company will owe me 28 days in total. I have dropped them an email and awaiting response I will also speak to the client and see who they have signed the contract with, if it's the same company, the should know this.

As seen on the companies house website, they have formally requested the strike off. I thought for voluntary strike off proposal, you should stop trading for at least three months before you can apply for it. They are still trading!

You should do one of these linky So you get your 28 days paid.

[saad]

"Application to strike off" on companies house is a bit misleading. This could just be that the company's annual return is overdue and CH have instigated a striking off. Don't panic. Ask the agency. They might not even know.

It's voluntary application to strike off, not due to overdue accounts. And interestingly this request has been suspended due to some objection by the registrar.

My contract is ending in 2.5 weeks, so the amount company will owe me 28 days in total. I have dropped them an email and awaiting response I will also speak to the client and see who they have signed the contract with, if it's the same company, the should know this.

As seen on the companies house website, they have formally requested the strike off. I thought for voluntary strike off proposal, you should stop trading for at least three months before you can apply for it. They are still trading!

[LondonManc]

"Application to strike off" on companies house is a bit misleading. This could just be that the company's annual return is overdue and CH have instigated a striking off. Don't panic. Ask the agency. They might not even know.

But having a panic is more fun.

[Alan @ BroomeAffinity]

"Application to strike off" on companies house is a bit misleading. This could just be that the company's annual return is overdue and CH have instigated a striking off. Don't panic. Ask the agency. They might not even know.

[SueEllen]

I'm thinking on both tacks as I said - I'd be looking at getting paid regularly as well as making sure that I can keep working at current clientco if my project has a while to run. You're assuming that the agent will be telling the truth.

Simply ask the agent what is going and imply if they don't respond you will tell the client they are in financial trouble.

If you decide to do this by phone or need to when they don't answer your email make sure you have a voice recorder on your mobile.