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    #41
    It should be no problem to get paid, do as NLUK says i.e. keep sending reminders and if necessary take them to court. It is highly unlikely that an employee in the agency would turn up and risk a prison sentence by lying about the fact in court that there was no contract.
    Last edited by BlasterBates; 6 October 2017, 07:16.
    I'm alright Jack

    Comment


      #42
      Originally posted by BlasterBates View Post
      It should be no problem to get paid, do as NLUK says i.e. keep sending reminders and if necessary take them to court. It is highly unlikely that an employee in the agency would turn up and risk a prison sentence by lying about the fact in court that there was no contract.
      Just going back to the first post. Do I understand correctly that no rate was agreed?

      Comment


        #43
        Originally posted by northernladyuk View Post
        Just going back to the first post. Do I understand correctly that no rate was agreed?
        One presumes that a rate was agreed. As said I doubt also on that score whether the agency would be able to persuade an employee to lie in court; it is a serious offence. Their credibility will have in any case been shot by their unprofessional behaviour and I think the judge will come firmly down on the side of the contractor in the event of a disputed rate and the contractor quoting what seems like a reasonable rate.
        I'm alright Jack

        Comment


          #44
          Originally posted by JCinCUK View Post
          Hello all, first posting here on this board. Established contractor so I understand the fundamentals, asking for a friend whose English isn't top notch.

          He basically went on site with no signed contract, just an email chain from a consultancy firm (Intermediary) in Jan, the end client is a household name literally (housebuilders) to put together a data warehouse. He was asked to leave about 3 weeks in, despite delivering on the bulk of stated objectives at the time.

          Been going through the email chain he sent me, no mention (yet) of a rate, but the Intermediary asked him at the end to complete an 'Activity Report', so as to "Secure what is needed from End Client". Inexplicably matey sent these just a couple of weeks back, and, surprise surprise, has had no reply, despite a read receipt.

          I appreciate this is all a pigs ear, but what's the best approach to getting some money out of this firm? Matey has a baby on the way and I'd like to help him out.

          Ta
          Originally posted by BlasterBates View Post
          One presumes that a rate was agreed. As said I doubt also on that score whether the agency would be able to persuade an employee to lie in court; it is a serious offence. Their credibility will have in any case been shot by their unprofessional behaviour and I think the judge will come firmly down on the side of the contractor in the event of a disputed rate and the contractor quoting what seems like a reasonable rate.
          Tricky without a rate. Where is the implicit contract? Contractor does x much work for y much cash, but y is not defined? Not sure what to make if this. A conversation with Safe Collections is worthwhile.

          I guess you don't always agree a price with the garage before work on your car, or see their standard labour charge.

          Comment


            #45
            Originally posted by northernladyuk View Post
            Tricky without a rate. Where is the implicit contract? Contractor does x much work for y much cash, but y is not defined? Not sure what to make if this. A conversation with Safe Collections is worthwhile.

            I guess you don't always agree a price with the garage before work on your car, or see their standard labour charge.
            The rate can be legally agreed verbally. The OP has not stated that there wasn't an agreed rate. I don't think a contractor will have any trouble at all getting the verbally agreed rate because in a court case, given the behaviour of the agency the judge will almost certainly come down on the side of the contractor. In any case if an employee of the agency were to lie, that is a criminal offence; any employee would be nervous about doing that, why should they lie and take a risk for the agency? The best an agent could do would to knock it down a bit from market rates. The OP would still get most of his money.
            I'm alright Jack

            Comment


              #46
              Originally posted by BlasterBates View Post
              The rate can be legally agreed verbally. The OP has not stated that there wasn't an agreed rate. I don't think a contractor will have any trouble at all getting the verbally agreed rate because in a court case, given the behaviour of the agency the judge will almost certainly come down on the side of the contractor. In any case if an employee of the agency were to lie, that is a criminal offence; any employee would be nervous about doing that, why should they lie and take a risk for the agency? The best an agent could do would to knock it down a bit from market rates. The OP would still get most of his money.
              Was there a verbally agreed rate? A jobserve posting with a rate might do it. The thing is... the OP's friend needs to decide on a defensible rate and then invoice for it. Definitely worth doing, I agree.

              Comment


                #47
                Originally posted by northernladyuk View Post
                Was there a verbally agreed rate? A jobserve posting with a rate might do it. The thing is... the OP's friend needs to decide on a defensible rate and then invoice for it. Definitely worth doing, I agree.
                Well the agency is in "hiding" he hasn't written a letter from a lawyer denying it, I very much suspect that a few letters will force their hand.

                The approach I would take is argue what was agreed verbally backed up by invoices from the last contract that show you charge out at that rate. I really don't think when it gets legal the agency will dispute any of this, they will simply use the arguments that they weren't paid, or there was no time sheet or the client wasn't happy, i.e. arguments you'd face if it were a written contract and we see here posted all the time.

                My experience with the one court case I was involved in is that the judge is sympathetic to the supplier trying to get paid. The onus will be on the agency to come up with proof as to why they shouldn't pay. Therefore they will cave before it gets that far and the OP will get most of his money back.
                I'm alright Jack

                Comment


                  #48
                  Originally posted by northernladyuk View Post
                  Was there a verbally agreed rate? A jobserve posting with a rate might do it. The thing is... the OP's friend needs to decide on a defensible rate and then invoice for it. Definitely worth doing, I agree.
                  The OP mention around 5k for the time he worked.

                  Comment


                    #49
                    Originally posted by northernladuk View Post
                    Why is it everytime you post in prof the thread always descends in to having to sort your rubbish?

                    You now say after everything else fails and that I mentioned the first option yet only a few posts earlier your advice is...


                    You also say represented by a lawyer. Nothing about advice.

                    It's hard enough giving advice on complex situation but when we have to remind you what you clearly ststed three posts earlier it becomes impossible.
                    It's hard to maintain the serenity of a forum when you are always interrupted with nonsense just because you don't read the posts and assuming crazy things, wasting hour time to explain what you have missed and complicate what could be simple.

                    The person who mentioned about the letters, emails was Lance so we don't need to repeat a solution that was already pointed.

                    The problem that I see here is exactly the inability of the OP's friend to communicate with the Agent like I've said previously a legal advice can helping to how to proceed, for example how to write a letter, notices etc. enough times without losing the credibility, furthermore, to spend money on a lawyer, it's an OP's friend decision, not yours. Many posters here are pointing the court solution and of course, the last option.

                    Another problem is the urgency, he is claiming payments from 7 months ago (like I mentioned before) if there is any deadline for claims he already lost.

                    Comment


                      #50
                      Originally posted by Bee View Post
                      It's hard to maintain the serenity of a forum when you are always interrupted with nonsense just because you don't read the posts and assuming crazy things, wasting hour time to explain what you have missed and complicate what could be simple.

                      The person who mentioned about the letters, emails was Lance so we don't need to repeat a solution that was already pointed.

                      The problem that I see here is exactly the inability of the OP's friend to communicate with the Agent like I've said previously a legal advice can helping to how to proceed, for example how to write a letter, notices etc. enough times without losing the credibility, furthermore, to spend money on a lawyer, it's an OP's friend decision, not yours. Many posters here are pointing the court solution and of course, the last option.

                      Another problem is the urgency, he is claiming payments from 7 months ago (like I mentioned before) if there is any deadline for claims he already lost.

                      Comment

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