Reply to: Left contract for a new one based on false promises. Help needed!

[ChangePM]

Cheers everyone.

I decided to take the 50-50 offer and just get on with it. I've definitely learned a couple of lessons.

There's a part of me that will always look back and say that I should have stood my ground and took it further but it was becoming more hassle than it's worth. When you're staring at the ceiling at 3am - going over in your mind how you're going to respond to their latest email - you know it's time to move on and put all of your effort into finding the next gig.

I had an interview this morning and have a telephone interview tomorrow afternoon, so hopefully in the end it will all work out for the best.

Thanks again for everyone's advice, tips and general input.

[clearedforlanding]

I would accept the 50% if this was an agent that I would potentially want to do business with in the future. They are at least halfway to doing the right thing.

If not, and you really do not like their compromise, can affort to lose the 50% - go in guns blazing.

[TonyF]

**UPDATE**

After a letter each way and a couple of emails following up, I've just received an email from the legal team at the agency stating that (to paraphrase) they will defend their case if I choose to take it further but if I decide to drop it now they will offer me 50% of what is owed.

I'm torn between three potential options:
a) I'm definitely in the right, they know I'm right, and are trying to minimise their liability and save themselves half of the money. As a matter of principle and another £563, don't let them off the hook.
b) Just drop it, take the 50-50 offer and move on.
c) Give it a couple of days, then respond saying that I'll meet them halfway and accept 75%.

What would you guys do?

Go with a or c.

You did not opt out. They legally have to pay you for the work that you did, regardless of whether they get paid by the client.

[northernladyuk]

Do you really want the extra hassle for £563 bank that and move on.

But do they want the extra hassle?

[northernladyuk]

Offer to accept 75%. Otherwise take them to court.

[PermieToContractorAndBack]

c) would tempt me just on principle but would take the 50% I think. for reasons stated before.

[churchillsnip]

I dont see why you would meet in the middle here. Admittedly it isnt a lot of money, though the agency have budged which means theres an admission of some sorts, even if its just an admission that theyre prepared to budge.

Looks like you have a > 50% chance off getting all of it, so the odds are in your favour to pursue.

A lot of advice on here to get up to speed on the art of negotiation, then those same peeps recommend you take the first offer on the table, and to be grateful.

[quackhandle]

You've done well, sometimes being an obstinate git can pay off.

Take the offer (if could cost you a lot more going full legal route) get the next gig, learn the lessons.

qh

[Epiphone]

You can now put a pound amount on your principles. Only you can decide what they’re actually worth to you. (Hint: take the money and run).

[uk contractor]

Do you really want the extra hassle for £563 bank that and move on.

[northernladuk]

What would you guys do?

I'd have claimed the full amount on my IPSE+ insurance and have it in the bank by now. HTH

[Spikeh]

**UPDATE**

After a letter each way and a couple of emails following up, I've just received an email from the legal team at the agency stating that (to paraphrase) they will defend their case if I choose to take it further but if I decide to drop it now they will offer me 50% of what is owed.

I'm torn between three potential options:
a) I'm definitely in the right, they know I'm right, and are trying to minimise their liability and save themselves half of the money. As a matter of principle and another £563, don't let them off the hook.
b) Just drop it, take the 50-50 offer and move on.
c) Give it a couple of days, then respond saying that I'll meet them halfway and accept 75%.

What would you guys do?

Personally, I'm amazed you got anywhere. I'm a stickler for pushing things to the Nth degree, but in this instance I'd take the money and run.

[northernladuk]

**UPDATE**

After a letter each way and a couple of emails following up, I've just received an email from the legal team at the agency stating that (to paraphrase) they will defend their case if I choose to take it further but if I decide to drop it now they will offer me 50% of what is owed.

I'm torn between three potential options:
a) I'm definitely in the right, they know I'm right, and are trying to minimise their liability and save themselves half of the money. As a matter of principle and another £563, don't let them off the hook.
b) Just drop it, take the 50-50 offer and move on.
c) Give it a couple of days, then respond saying that I'll meet them halfway and accept 75%.

What would you guys do?

You've got a massive win that most of us didn't expect you'd get. Take it and just move on. A) is just daft IMO. Life is too short for that rubbish. Remember it's not £563 in your pocket.
C is mehhh on how much extra it is for the continued hassle, again remembering these are gross values and not what it's worth to your pocket.

[ChangePM]

**UPDATE**

After a letter each way and a couple of emails following up, I've just received an email from the legal team at the agency stating that (to paraphrase) they will defend their case if I choose to take it further but if I decide to drop it now they will offer me 50% of what is owed.

I'm torn between three potential options:
a) I'm definitely in the right, they know I'm right, and are trying to minimise their liability and save themselves half of the money. As a matter of principle and another £563, don't let them off the hook.
b) Just drop it, take the 50-50 offer and move on.
c) Give it a couple of days, then respond saying that I'll meet them halfway and accept 75%.

What would you guys do?

[ChangePM]

Why is this breach of contract? If the schedule names a 'home base' for their office, and the client changes that to somewhere miles away, the contract has surely materially changed?

Might have been worth suggesting that you travel in their time and bill them milage before bailing though?

If you hired a builder to do you a loft conversion and then the day he was due to start said, "Oh by the way, I've decided I want you to do my folks 100 miles away." Would you really expect him to honour the contract?

This is the route I’ve taken with my most recent emails, letters and general dunning. Funnily enough, they’ve gone extremely quiet all of sudden and have not been quoting all of the clauses and sub-clauses of the contract.
They were very quick to respond in the past - they’ve either taken a decision to completely ignore me and not respond, or they don’t want to get into any more discussions regarding a contract which is invalid.