Reply to: Unlawfull admin fee charge?

[Lance]

old agency?
Just £15?

Email them back and tell them it's in the post. Then divert all their subsequent emails to an out office reply and get on with life.

[WTFH]

You consider that pay? INKSPE.

Based on my newly negotiated outside IR35 contract, yes. AYCOTBAM?

[LondonManc]

£15? I've had more profitable poops.

[NotAllThere]

1. £5.73

Do what you should have done back on page 1. Ignore them. They won't take it to court, they won't get a debt collecting agency in. They're just being daft.

Good job I get paid to read these.

You consider that pay? INKSPE.

[WTFH]

FTFY.

Good job I get paid to read these.

[northernladuk]

1. £5.73
2. not sure, few weeks maybe.
3. as above.
4.£15.
5. Couple of weeks.
6. None of my responses to them have said that they have done anything illegal.
7. Dragging the issue out to 4 pages on a contracting forum - priceless.

I think its fairly obvious due to the amount, that I wasn't trying to deliberately defraud anyone. I could pay the admin fee and get rid of the hassle, but its the principle that they are trying to bully me into paying something I don't need to pay.

FTFY.

[WTFH]

1. £5.73
2. not sure, few weeks maybe.
3. as above.
4.£15.
5. Couple of weeks.
6. None of my responses to them have said that they have done anything illegal.

I think its fairly obvious due to the amount, that I wasn't trying to deliberately defraud anyone. I could pay the admin fee and get rid of the hassle, but its the principle that they are trying to bully me into paying something I don't need to pay.

So, you held on to the money for "a few weeks" plus "a couple of weeks"... sounds like you're not wanting to tell us how many months it actually was. But hey ho, it's a big legal fight over £15.

To make sure you're in the right, I suggest speaking to a lawyer. They charge £200-400 per hour.

[GhostofTarbera]

1. £5.73
2. not sure, few weeks maybe.
3. as above.
4.£15.
5. Couple of weeks.
6. None of my responses to them have said that they have done anything illegal.

I think its fairly obvious due to the amount, that I wasn't trying to deliberately defraud anyone. I could pay the admin fee and get rid of the hassle, but its the principle that they are trying to bully me into paying something I don't need to pay.

Jesus’s wept I thought we were talking millions


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[cooperphillip]

What we don't know:
1. How much extra he had charged the agency
2. How long it took for the agency to notice the mistake
3. How long he had the money in his account
4. How much the agent were charging as an admin fee
5. How long it took for him to repay

And finally:
6. Exactly how he worded his responses to them.
If his "legal" letter included describing their admin charge as illegal or unlawful, then fun times are ahead. There's nothing illegal or unlawful about charging admin fees. It might not be in the contract, but that doesn't make it illegal.

And, I guess they could argue that it was a deliberate attempt to defraud them by submitting a false claim, which is a bit more unlawful than charging a fee.

1. £5.73
2. not sure, few weeks maybe.
3. as above.
4.£15.
5. Couple of weeks.
6. None of my responses to them have said that they have done anything illegal.

I think its fairly obvious due to the amount, that I wasn't trying to deliberately defraud anyone. I could pay the admin fee and get rid of the hassle, but its the principle that they are trying to bully me into paying something I don't need to pay.

[WTFH]

What we don't know:
1. How much extra he had charged the agency
2. How long it took for the agency to notice the mistake
3. How long he had the money in his account
4. How much the agent were charging as an admin fee
5. How long it took for him to repay

And finally:
6. Exactly how he worded his responses to them.
If his "legal" letter included describing their admin charge as illegal or unlawful, then fun times are ahead. There's nothing illegal or unlawful about charging admin fees. It might not be in the contract, but that doesn't make it illegal.

And, I guess they could argue that it was a deliberate attempt to defraud them by submitting a false claim, which is a bit more unlawful than charging a fee.

[eek]

It won't but the next invoice might also not get paid. If I was the agency and feeling petty that's what I'd do. And receiving legal sounding letters by registered post would make me feel petty.

You're right that without a clause allowing for admin charges in the contract, then it's unlikely to actually be enforced in a court, but legal facts don't always determine behaviours. If they did then we woudn't need courts.
Also the OP offering half the money will be seen in court as an attempt to settle.

OP needs to decide if the hassle is worth it, vs continuing relationship.
Like it or not it was a mistake that had a cost impact on the agency.

See the original post. It's from a previous agency - there is no current relationship except for them asking for money and they are only asking for money because there is no invoice they can deduct the money from.

[Lance]

Why bother replying at all.

As with other fees that are not mentioned in the contract it's a matter of waiting for the small claims court claim to appear (it won't).

It won't but the next invoice might also not get paid. If I was the agency and feeling petty that's what I'd do. And receiving legal sounding letters by registered post would make me feel petty.

You're right that without a clause allowing for admin charges in the contract, then it's unlikely to actually be enforced in a court, but legal facts don't always determine behaviours. If they did then we woudn't need courts.
Also the OP offering half the money will be seen in court as an attempt to settle.

OP needs to decide if the hassle is worth it, vs continuing relationship.
Like it or not it was a mistake that had a cost impact on the agency.

[eek]

seems unlikely.
You send them a legally incompetent letter by registered post. They simply send an email.
They can play this game for a long time. They could even withold a payment to you which is likely to be a greater amount.
How much time do you want to waste on this? Assuming it's less than £100 you're already losing more than the fee with the hassle.

Why not offer them half the admin fee, as a goodwill gesture, and get on with your life?

Why bother replying at all.

As with other fees that are not mentioned in the contract it's a matter of waiting for the small claims court claim to appear (it won't).

[wattaj]

...get on with your life?

Sage advice.

[Lance]

For anyone who's interested - the recruitment agency replied by email to my letter, saying that it took them time to chase up the expense error, so I should pay them an admin fee.

I will be writing to them today, stating that due to them failing to provide evidence to my legal liability to this debt, the matter is now closed and I will not be communicating with them again regarding the matter.

Hopefully that should put an end to it.

seems unlikely.
You send them a legally incompetent letter by registered post. They simply send an email.
They can play this game for a long time. They could even withold a payment to you which is likely to be a greater amount.
How much time do you want to waste on this? Assuming it's less than £100 you're already losing more than the fee with the hassle.

Why not offer them half the admin fee, as a goodwill gesture, and get on with your life?