Agency Invoicing for Lost Commission

[Sockpuppet]

The chances are they will let it go.

Agreed. Though in this climate anything is possible. Just take the longest amount of time to answer any questions. As for everything in writing by post. Drag it out to increase

What does your contract say? Does it have a notice period you have to give?

If so and you just walked off-site without notice then, in theory, the agency have the right to chase, and potentially sue yourco, for any lost income during that period.

If you have a notice period in your contract, then you are in breach and they could sue your company for damages for breach. However, they would need to pursue this in court, which they are unlikely to do.

Depends how its worded.

All my contracts have a pretty standard B&C reference that basically says "client co is not obliged to offer any work to myco and my co is not obliged to complete any work offered". This is added as a MOO defence.

If this is in there you can refuse the work and not be in breach. Same if they want to get rid of me. THey can termniate the contract and if I have a 30 day notice period they just say "no work offered for the next 30 days".

If I cancel the contract with 30 days notice. I can just say "not completing work for the next 30 days" and I've not breached the contract.

Never ceases to amaze me, the number of contractors who say they are businesses when IR35 is mentioned but dont act like proper businesses in reality.

Agreed. Though I did refuse to complete some work last year for a large pharmaceutical company. It was fixed rate work. They made several major changes after renegotiating the rate etc. Then I got conflicting e-mails began to get caught up in politics so I just walked. Said they could keep what they had half finished and said I wouldn't charge for it.

Lost a few £k but wasn't worth the grief I was getting for some extra work.

[Epiphone]

Thanks for all the info and advice guys, much appreciated.

Just as an update, they sent me all the documentation through which included a copy of the contract that I signed but sent them a scanned copy only. On this there is only my signature, they never signed it.

So quick question. Given they don't have a hard copy personally signed by me and they did not sign it themselves, does this help reinforce my argument?

No. The last contract on the table takes precedence and you went to work so you're deemed to have accepted their contract.

[youknowsit]

Thanks for all the info and advice guys, much appreciated.

Just as an update, they sent me all the documentation through which included a copy of the contract that I signed but sent them a scanned copy only. On this there is only my signature, they never signed it.

So quick question. Given they don't have a hard copy personally signed by me and they did not sign it themselves, does this help reinforce my argument?

[SantaClaus]

I think if the actual work given to you was nothing like the description on the contract then you have a good case because the agency would then be in breach of contract themselves.

You need to be able to back this up with documentation though.

Just read your message again. You told the agent in writing, but they did nothing to rectify the situation. So you gave them a chance to do this.

I'm not a lawyer (I deliver christmas presents ), but thats how I see it.

[Fred Bloggs]

Your maximum liability will be effectively capped by their actual financial loss on the contract. So, if they were entitled to a weeks notice and you broke the contract then they could, I believe, sue you for the lost commission for the week you didn't work. However, you should invoice them for the time you did work. I am not a lawyer etc..

[Turion]

Definitely bill for the days work. List the issues with the gig that made it impossible for you to continue. If it difers from the agents description and what the client was claiming there should be no probs.

Then issue another invoice for the loss of earnings due to the contract not being as described.

[BolshieBastard]

Maybe a sign of hard times, but I've just received an invoice from a recruitment agency for a contract I had to bow out of after a day.

My reasons for departing were many, from the description of the project (a complete site rebuild which in reality had already been built and only required some functionality to be written on top of it), to the state of the organisation which (even their Snr BA said) was going to cause the project to fail.

I made all this clear in an email to the agent that evening and advised him that I was not the man from the job and that, in fact, they probably would not want to be associated with a project doomed to failure from a reputation perspective. Obviously he gave me the usual verbal, but at the end of the day I wasn't going to dig my own grave.

Roll on ten days and in the post comes an invoice for the loss of their commission. So, any thoughts on this? I am disputing the invoice for the reasons above (and others), but it would be good to get a feeling as to the legal temperature on this? Am I not also in a position to bill them for the day I worked?

Let me know.

Never ceases to amaze me, the number of contractors who say they are businesses when IR35 is mentioned but dont act like proper businesses in reality.

I dont think its a sign of the times, I think the agent is pissed off that you jibbed the contract without regard to the contract you signed.

Better try and resolve it amicably, legal costs can be quite frightening. Good luck though.

[TheFaQQer]

Is that allowed? I thought you had to declare no ongoing dispute when joining?

Dunno.

I doubt it's a problem, though - it's not like the OP is claiming on the insurance, they just need some decent legal advice and sharpish.

[BrilloPad]

If you have a notice period in your contract, then you are in breach and they could sue your company for damages for breach. However, they would need to pursue this in court, which they are unlikely to do.

If you are a member of the PCG then ring their legal help line. If not, then join, and then ring their legal help line.

Is that allowed? I thought you had to declare no ongoing dispute when joining?

[TheFaQQer]

If you have a notice period in your contract, then you are in breach and they could sue your company for damages for breach. However, they would need to pursue this in court, which they are unlikely to do.

If you are a member of the PCG then ring their legal help line. If not, then join, and then ring their legal help line.

[NotAllThere]

Invoice them for the day work. Dispute their invoice again, with reasons. Maybe get a lawyer to write the letter.

Get legal advice.

[neilmcl]

What does your contract say? Does it have a notice period you have to give?

If so and you just walked off-site without notice then, in theory, the agency have the right to chase, and potentially sue yourco, for any lost income during that period.

[pmeswani]

Maybe a sign of hard times, but I've just received an invoice from a recruitment agency for a contract I had to bow out of after a day.

My reasons for departing were many, from the description of the project (a complete site rebuild which in reality had already been built and only required some functionality to be written on top of it), to the state of the organisation which (even their Snr BA said) was going to cause the project to fail.

I made all this clear in an email to the agent that evening and advised him that I was not the man from the job and that, in fact, they probably would not want to be associated with a project doomed to failure from a reputation perspective. Obviously he gave me the usual verbal, but at the end of the day I wasn't going to dig my own grave.

Roll on ten days and in the post comes an invoice for the loss of their commission. So, any thoughts on this? I am disputing the invoice for the reasons above (and others), but it would be good to get a feeling as to the legal temperature on this? Am I not also in a position to bill them for the day I worked?

Let me know.

Is there any mention in your contract that if you leave within a certain time frame that you owe them any lost commission? If not, don't pay and force their hand. The chances are they will let it go.

[youknowsit]

Maybe a sign of hard times, but I've just received an invoice from a recruitment agency for a contract I had to bow out of after a day.

My reasons for departing were many, from the description of the project (a complete site rebuild which in reality had already been built and only required some functionality to be written on top of it), to the state of the organisation which (even their Snr BA said) was going to cause the project to fail.

I made all this clear in an email to the agent that evening and advised him that I was not the man from the job and that, in fact, they probably would not want to be associated with a project doomed to failure from a reputation perspective. Obviously he gave me the usual verbal, but at the end of the day I wasn't going to dig my own grave.

Roll on ten days and in the post comes an invoice for the loss of their commission. So, any thoughts on this? I am disputing the invoice for the reasons above (and others), but it would be good to get a feeling as to the legal temperature on this? Am I not also in a position to bill them for the day I worked?

Let me know.