Former agent refusing to pay final invoice

[stek]

Thanks for the response but maybe I wasn't clear (or perhaps I haven't understood your response properly). I'm not looking for how to write down bad debt, I intend to fully collect the debt.

I'm instead looking for the law (or an explainer on the law) that means that a company can't withhold payment they owe you because they want to sue you for a separate amount of money.

Ahh, yes, that is true, It's 'lien' I think - or lack of lien;

https://uk.practicallaw.thomsonreute...ge=true&bhcp=1

[tommy5dollar]

IPSE's legal hotline didn't seem too hot on my chances.

They felt that the fact that I'd never explicitly opted-out could be an angle to take but they weren't too certain about it either way.

I tried on the lines about it being a different role that the client wouldn't have offered through the agent and that I would have left the client if the new role hadn't been offered so there's no loss but they seemed to think it'd still be easy for the agent to prove a loss of 6 month's revenue.

They (Abbey Tax) then recommended that I might want to buy one of their contract reviews so they can look at it in more detail but I can't even find the details of this on their website (unless I'm being blind).

Anyone got any recommendations of where might be good to get a full review of the contracts done?

Thanks in advance.

[MrButton]

I’ve been thinking about this.

It’s a different company providing services to the client.

It’s not YOU that has the contract it’s two separate companies who have/had a B2B contract with the agent.

The only link is you. But your contract is separate to you.

Maybe I’m thinking too simplistic.

Btw I think I know you .... with a handle like tommy5dollar....

[ASB]

Whilst you believe you are not opted out and haven't signed anything it is possible you are opted out despite that not being the default.

There is such a thing as a contrct by performance. There may be an argument that you have accepted and agency has won the "battle of the forms".

It is also possible there is some form lien clause in the contract.

Irrespective of what the agent can or cant do the fact is they are withholding. You have 2 ways foreward. Negotiation or file a claim. Unfortunately this is unlikely to yield anything other than nominal costs. Also it is not so easy to do it yourself with the recent changesto the civil procedure rules.

It is likely that agent will counter claim.

You have a decent case, correctly presented it should hopefully prevail.

But it does come down to "you cant do that" "we just did, your move".