Reply to: agency changed contract , i didnt sign, and now they are cutting it short.

[Wanderer]

The agency is a disgrace. The client did tell me that they where not impressed and wouldnt be using them again. They also told me that upon informing the agency that they would have to terminate early, the agent "suggested" that they make out that I had made mistakes and not performed to standard , so that they could fire me without a notice period!

Find out how what days the client paid the agency for and make sure the agency passed it on to you.

[BHicks]

Butler Machine Tools?

That may have been one of them but to be honest I've tried to blank out the memories as best I can.

If I ever see another text book about shipping law (FOB, CIF etc) I shall squeeze myself into a canvas tunic with the optional wraparound arms.

[SueEllen]

The agency is a disgrace. The client did tell me that they where not impressed and wouldnt be using them again. They also told me that upon informing the agency that they would have to terminate early, the agent "suggested" that they make out that I had made mistakes and not performed to standard , so that they could fire me without a notice period!

Make sure you give the client your details.

Also if possible get a statement from the client about the agency being a disgrace in email.

It may serve you well in a few months time.

[ricflairandy]

The agency is a disgrace. The client did tell me that they where not impressed and wouldnt be using them again. They also told me that upon informing the agency that they would have to terminate early, the agent "suggested" that they make out that I had made mistakes and not performed to standard , so that they could fire me without a notice period!

[TheFaQQer]

When my missus did her contract law (she's a lawyer), I can specifically recall examples of deemed acceptance being trotted out for things like company conditions of sale etc.

Butler Machine Tools?

[BHicks]

WTF does everyone here seem to think we should just and take it when agencies try to screw us? Do you people have no business sense at all? Agencies must think it's hilarious.

Easy there Wanderer, you'll do yourself a mischief if you're not careful.

Your example of NPower isn't really a good one because that's a business to consumer relationship and we're talking about a business to business relationship here. Aside from that it will also depend on what the contract between the parties has to say.

When my missus did her contract law (she's a lawyer), I can specifically recall examples of deemed acceptance being trotted out for things like company conditions of sale etc.

That is to say that if company A places an order with company B for something (having been supplied with B's conditions of sale), unless it explicitly specifies otherwise, it is regarded as having accepted those conditions.

Now, I already stated that I didn't know what the score would be in respect of amendments but it will depend on what the contract says. BTW, in respect of claiming "I didn't receive this" etc, parties will be regarded as having been informed provided that they are written to via their registered or mailing address (google deemed service). If the agency can show that they did this then they are entitled to regard the recipient as having been informed (again, subject to what the contract says on this aspect).

In case there's any doubt, I think that the way that the agency have behaved is a bloomin disgrace, but the OP doesn't appear to have helped their own cause either.

[SueEllen]

Tell you what does work though. Flip it around and think about how many times the banks/utilities/phone send you an amendment to your contract/T&C's to which you do not have to acknowledge or sign for and are accepted by silence.... That would be no different to this situation no?

Wanderer hasn't heard of implicitly accepting a contract by doing nothing and continuing as normal.

[northernladuk]

So I write to NPower and tell them I'm halving the cost of my electricity bill and if they continue to supply me with electricity then they are accepting this amendment. Yeah, that's gonna work!

Tell you what does work though. Flip it around and think about how many times the banks/utilities/phone send you an amendment to your contract/T&C's to which you do not have to acknowledge or sign for and are accepted by silence.... That would be no different to this situation no?

[northernladuk]

Well here's your options ricflairandy.

1. Listen to the advice from the bedwetters here and then bend over and get shafted by the agency

2. Take legal advice from a contract law specialist and see if you have a case.

Good luck and let us know what you do and how you get on.

One of those options will be short and sweet and you can get on life without actually losing anything you weren't due (going by the consensus), the other could be complex, expensive and end if fook all...... Up to you....

[Wanderer]

Well here's your options ricflairandy.

1. Listen to the advice from the bedwetters here and then bend over and get shafted by the agency

2. Take legal advice from a contract law specialist and see if you have a case.

Good luck and let us know what you do and how you get on.

[SueEllen]

So I write to NPower and tell them I'm halving the cost of my electricity bill and if they continue to supply me with electricity then they are accepting this amendment. Yeah, that's gonna work!

.

NPower will write back to you and will politely tell you to sod off.

You really need to keep up to date if you are giving advice.

A guy has already taken a company to court and won because they were hassling him. Due to ignoring his letter on the conditions of contacting him they had to pay out.

Consumers have been told for years to take this stance with companies causing them trouble. Most companies will either resolve the issue, there as others will say your terms are unacceptable. Both methods avoid them agreeing implicitly to new contract terms.

[Contreras]

So how about they stopped supplying you with electricity? Would yuo still be paying them?

But the OP hasn't withdrawn services.

Or if you told them you were switching to EDF so didn't need them any more? Would you pay them a few weeks extra for not supplying you with anything?

Well that depends doesn't it. I'd not be at all surprised if the old supplier said that's not enough notice and you owe us under the terms of the contract.

In reality, unless there's something peculiar about the OP's contract - fixed price element, retainer fees, or a genuine promise of billable hours - then as has already been said, just bill for the 2 weeks and move on.

[malvolio]

So I write to NPower and tell them I'm halving the cost of my electricity bill and if they continue to supply me with electricity then they are accepting this amendment. Yeah, that's gonna work!

So how about they stopped supplying you with electricity? Would yuo still be paying them? Or if you told them you were switching to EDF so didn't need them any more? Would you pay them a few weeks extra for not supplying you with anything?

The agency have NOTHING in writing to say that the contractor accepted that variation to the contract terms and they would be laughed out of court if they ever tried to defend themselves on that basis.

The contractor does not risk perjury because they would not make false statement. Their lawyer simply points out that the burden of proof is on the agency. If they can't prove that the contractor company has both received and accepted the variation in contract terms then the agency lose.

Wrong. If the OP hasn't specifically rejected the amendment or proposed an alternative and continues to proviede his services, then he's accepted it. End of.

WTF does everyone here seem to think we should just and take it when agencies try to screw us? Do you people have no business sense at all? Agencies must think it's hilarious.

Maybe, but since most of the answers around here seem to ignore contract law and its variations, I'm not all that surprised. You want to be treated as a business, then act like one.

[Wanderer]

The risk with proceeding as though you never saw the amendment is that you could end up perjuring yourself if this ever does make it to court. The agency are not free to change the contract as they see fit without your agreement (unless the original contract you signed has an express provision in this regard) but when they sent out the amendment the first response should have been to reject it which doesn't appear to be what happened in this instance. If the agency had no negative feedback regarding the amendments then they could potentially rely on so called "deemed acceptance".

So I write to NPower and tell them I'm halving the cost of my electricity bill and if they continue to supply me with electricity then they are accepting this amendment. Yeah, that's gonna work!

The agency have NOTHING in writing to say that the contractor accepted that variation to the contract terms and they would be laughed out of court if they ever tried to defend themselves on that basis.

The contractor does not risk perjury because they would not make false statement. Their lawyer simply points out that the burden of proof is on the agency. If they can't prove that the contractor company has both received and accepted the variation in contract terms then the agency lose.

WTF does everyone here seem to think we should just and take it when agencies try to screw us? Do you people have no business sense at all? Agencies must think it's hilarious.

[northernladuk]

I don't know what the situation would be in respect of contract amendments such as this, but if this was a newly issued contract, acceptance of the T&C's can either be by express agreement (by signing the contract) or by implicit agreement (eg turning up to start the contract). In other words, if you behave as though you've accepted the contract, then you're regarded as having accepted it.

The risk with proceeding as though you never saw the amendment is that you could end up perjuring yourself if this ever does make it to court. The agency are not free to change the contract as they see fit without your agreement (unless the original contract you signed has an express provision in this regard) but when they sent out the amendment the first response should have been to reject it which doesn't appear to be what happened in this instance. If the agency had no negative feedback regarding the amendments then they could potentially rely on so called "deemed acceptance".

Agree with this. Ignoring it isn't a good idea as it can go either way and makes everything incredibly complicated if it goes legal.