Reply to: No signed timesheet - no actual contract!

[JCinCUK]

Yes. It is. It's always good when people post the resolution of issues.

Thank you....so, if I were to say the agency was ****data, rhyming with Finedata, and the first letter is...ahem, is that ok??

[NotAllThere]

Cool story bro.. :

Yes. It is. It's always good when people post the resolution of issues.

[northernladuk]

Cool story bro.. :

[JCinCUK]

It should be no problem to get paid, do as NLUK says i.e. keep sending reminders and if necessary take them to court. It is highly unlikely that an employee in the agency would turn up and risk a prison sentence by lying about the fact in court that there was no contract.

I really thought this was unrealistice, (and sorry I'm late back to my own party), but hey....

PAYMENT IN FULL MADE. A couple of weeks after the post immediately above this one.

It all hinged, I think, on the fact the pimps did NOT know my man didn't have any correspondence he took offsite. And, speaking of pimps...

MODS - may I indulge in some naming and shaming here?

[JCinCUK]

Good progress. Over recorded mail delivery, I'd state same things from 1st mail and let them know it's not a negotiation, get this document notarised and send it off. I'd keep pushing for 100%. In future mails I'd cite interest will not be charged on monies held by agency.

Appreciate the input. I'm personally in favour of going for 100% too.

Any one else agree/disagree??

[HPsauce]

Hi all, update...

The agency emailed, offering half. To be exact, they asked for the invoice to be adjusted to that, quoting "7 months between invoice and works, asked to leave site, no submission of anything onsite to validate engagement" etc.

This after the first physical, Recorded Delivery letter telling them to pay or face the wrath of the Solicitors, they had been ignoring nearly all emails, including the one where my man soft-headedly emailed them in broken English saying "In your heart you should pay, God is watching"....suffice to say I had a word with him and he will NOT be sending any emails without my say so !!

To me the fact they've asked for the invoice to be adjusted is an admission of liability, only thing I'm not sure how to play it from here.

Good progress. Over recorded mail delivery, I'd state same things from 1st mail and let them know it's not a negotiation, get this document notarised and send it off. I'd keep pushing for 100%. In future mails I'd cite interest will not be charged on monies held by agency.

[JCinCUK]

Hi all, update...

The agency emailed, offering half. To be exact, they asked for the invoice to be adjusted to that, quoting "7 months between invoice and works, asked to leave site, no submission of anything onsite to validate engagement" etc.

This after the first physical, Recorded Delivery letter telling them to pay or face the wrath of the Solicitors, they had been ignoring nearly all emails, including the one where my man soft-headedly emailed them in broken English saying "In your heart you should pay, God is watching"....suffice to say I had a word with him and he will NOT be sending any emails without my say so !!

To me the fact they've asked for the invoice to be adjusted is an admission of liability, only thing I'm not sure how to play it from here.

[northernladuk]

Useful. Thanks.

[Bee]

I would still consider taking them to small claims. I have done this a number of times over the years for consumer issues (never for work though) and the company has always capitulated before it reached a court hearing. Their strategy is to ignore customers until they push hard enough.

If you go to court and win they know you can get the media interested, so companies all know to give up before the judge makes a ruling.

In Portugal it's the same and we include all the expenses that with have spend with the process in the agreement.

But we don't send to Court without notice, (both parties are interested to avoid Courts) before that, a lawyer will represent you and try to solve the conflict if it fails the lawyer shall take care all the process to Court, 99% the agreements are done before the judge make a ruling.

[SueEllen]

I would still consider taking them to small claims. I have done this a number of times over the years for consumer issues (never for work though) and the company has always capitulated before it reached a court hearing. Their strategy is to ignore customers until they push hard enough.

If you go to court and win they know you can get the media interested, so companies all know to give up before the judge makes a ruling.

[Zylon]

I would still consider taking them to small claims. I have done this a number of times over the years for consumer issues (never for work though) and the company has always capitulated before it reached a court hearing. Their strategy is to ignore customers until they push hard enough.

3 weeks work would be below the 10k limit for most contractors.

Civil suits 'facts' are judged on the balance of probabilities so you don't need to prove the case to an extremely high degree - just better than the agency could dispute it. The email chain may be enough to establish this.

But two points make this very difficult: there is no stated or implied rate, so what amount do you claim for? Why did he even start a contract without knowing what he might earn? Secondly it's not clear whether agency or client are liable.

I would still bluff though - pick a reasonable day rate and make the claim against the agency. It will cost around 120 in fees IIRC so if you have even a 5% chance of succeeding in getting say 5-10k back, it makes sense.

[northernladuk]

It's hard to maintain the serenity of a forum when you are always interrupted with nonsense just because you don't read the posts and assuming crazy things, wasting hour time to explain what you have missed and complicate what could be simple.

:

[northernladyuk]

It's hard to maintain the serenity of a forum when you are always interrupted with nonsense just because you don't read the posts and assuming crazy things, wasting hour time to explain what you have missed and complicate what could be simple.

The person who mentioned about the letters, emails was Lance so we don't need to repeat a solution that was already pointed.

The problem that I see here is exactly the inability of the OP's friend to communicate with the Agent like I've said previously a legal advice can helping to how to proceed, for example how to write a letter, notices etc. enough times without losing the credibility, furthermore, to spend money on a lawyer, it's an OP's friend decision, not yours. Many posters here are pointing the court solution and of course, the last option.

Another problem is the urgency, he is claiming payments from 7 months ago (like I mentioned before) if there is any deadline for claims he already lost.

[Bee]

Why is it everytime you post in prof the thread always descends in to having to sort your rubbish?

You now say after everything else fails and that I mentioned the first option yet only a few posts earlier your advice is...


You also say represented by a lawyer. Nothing about advice.

It's hard enough giving advice on complex situation but when we have to remind you what you clearly ststed three posts earlier it becomes impossible.

It's hard to maintain the serenity of a forum when you are always interrupted with nonsense just because you don't read the posts and assuming crazy things, wasting hour time to explain what you have missed and complicate what could be simple.

The person who mentioned about the letters, emails was Lance so we don't need to repeat a solution that was already pointed.

The problem that I see here is exactly the inability of the OP's friend to communicate with the Agent like I've said previously a legal advice can helping to how to proceed, for example how to write a letter, notices etc. enough times without losing the credibility, furthermore, to spend money on a lawyer, it's an OP's friend decision, not yours. Many posters here are pointing the court solution and of course, the last option.

Another problem is the urgency, he is claiming payments from 7 months ago (like I mentioned before) if there is any deadline for claims he already lost.

[Bee]

Was there a verbally agreed rate? A jobserve posting with a rate might do it. The thing is... the OP's friend needs to decide on a defensible rate and then invoice for it. Definitely worth doing, I agree.

The OP mention around 5k for the time he worked.