Reply to: Unsigned contract - invoiced fine. PLEASE HELP!

[Safe Collections]

This is probably the best advice! No point wasting money on a solicitor if it's all just bluff and bluster

+1

(Unless you are really worried, in which case it might be worth getting an opinion just to settle your nerves )

[Wanderer]

I would get the agency to take me to court. Only when and if they get that far would I bother paying for legal advice

This is probably the best advice! No point wasting money on a solicitor if it's all just bluff and bluster

[SueEllen]

I would get legal advice - if you have paid invoices issued by the agency for the work done by this individual then there will be an implied contract; now that records can show that you are employing him directly it could be argued that the agency could sue for lack of earnings, with or without a signed contract.

I would get the agency to take me to court.

The reason being is that lots of companies/people don't bother and just send threatening letters and make nasty phone calls.

Only when and if they get that far would I bother paying for legal advice to see if I should pay up before the hearing.

This is of course presuming they act reasonable with their demands for payment. If they are really nasty I would counter sue.

[LisaContractorUmbrella]

I would get legal advice - if you have paid invoices issued by the agency for the work done by this individual then there will be an implied contract; now that records can show that you are employing him directly it could be argued that the agency could sue for lack of earnings, with or without a signed contract.

[Wanderer]

we gave him some work but the agency has now invoiced us for £2000 for a fine for "solitication of staff"??

We also never signed a contract with her as she claims there wasnt time and although a contract was mentioned and we recieved a copy this solicitation clause was never even brought up.

A contract doesn't have to be signed to be binding, for example, you can buy something in a shop and you enter into a contract with the retailer without signing anything.

Have a read of the contract, does it mention paying a fee if you solicit workers from the agency? Is that fee a genuine pre-estimate of the loss suffered by the agency (which may be enforceable) or is it just a bingo number that they made up (which would be laughed out of court)?

She is now saying she is going to take us to court for the money?
She can't do this can she??

She can do whatever she wants. The question is would she win the case? I would be inclined to fight it and tell the agency to bugger off. But then again we don't much like agents here.

Taking a neutral view on it, the "fine" they are trying to get you to pay sounds excessive to me. I presume you paid the agency and the agency paid the worker? If so, find out what margin they would have made on the deal then calculate the actual loss suffered by the agency when you cut them out. This is the maximum you should have to pay - there are no solicitors fees allowable in small claims court and it's unlikely that they will be awarded consequential damages.

DON'T offer to pay any money to them without getting legal advice or you may prejudice your defence in the event that this comes to a court case.

You need to get proper legal advice on this one though, we are probably all completely wrong on this...

[Zippy]

Are you saying that the non-solicitation clause wasn't in the contract you were sent to review?
If it was, and you saw it before you paid the bill, you might be on a sticky wicket.

[JamJarST]

Probably, but it sounds more like they just wanted some general "surely this isn't possible?" reassurance rather than legal advice

Yeah but it is possible.

[Safe Collections]

Surely that is the first thing anyone should do when threatened with court ... Should come before asking a bunch of contractors on the internets.

Probably, but it sounds more like they just wanted some general "surely this isn't possible?" reassurance rather than legal advice

[JamJarST]

Theoretically, anyone can send you a bill for £2K and say pay up.

Doesnt mean thats its legal or they can enforce it.

Whilst that is true, it has nothing to do with this thread though does it! It is someone that they have done business with in the past, and who supplied the staff that they now employ directly.

[psychocandy]

Theoretically, anyone can send you a bill for £2K and say pay up.

Doesnt mean thats its legal or they can enforce it.

[JamJarST]

It is quite common for agencies to include a clause that states they are entitled to payment if a worker they supply is subsequently engaged.

But generally you would need to be relying on a signed agreement between the parties. Without a signature or proof that the contract is deemed to be in force (say an email confirming a placement is sent after the contract is supplied) they will undoubtedly struggle to prove the have a right to this payment.

Write back to the agent stating the claim is disputed as it was not agreed and the agency failed to deliver on the promises made. They may try and coerce you into paying, threats of court for instance but is doesn't sound like they have a realistic claim to us.

If worried speak to a legal professional

Surely that is the first thing anyone should do when threatened with court ... Should come before asking a bunch of contractors on the internets.

[Safe Collections]

It is quite common for agencies to include a clause that states they are entitled to payment if a worker they supply is subsequently engaged.

But generally you would need to be relying on a signed agreement between the parties. Without a signature or proof that the contract is deemed to be in force (say an email confirming a placement is sent after the contract is supplied) they will undoubtedly struggle to prove the have a right to this payment.

Write back to the agent stating the claim is disputed as it was not agreed and the agency failed to deliver on the promises made. They may try and coerce you into paying, threats of court for instance but is doesn't sound like they have a realistic claim to us.

If worried speak to a legal professional

[eek]

Probably not, sounds like a right cowboy outfit. Ignore it unless the court papers arrive IMHO.

+1. Its all bluster until they go to court which I doubt they will do. Cash in hand payment to workers would have me reporting them to HMRC for investigation.

[JamJarST]

What is your solicitor's opinion on the matter?

[MyUserName]

Probably not, sounds like a right cowboy outfit. Ignore it unless the court papers arrive IMHO.