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Agent being ar$ey

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    Agent being ar$ey

    I have started my new gig last week, due to the speed and Xmas, I only received the contract last Thursday, read it and it contained an opting out clause which I have not agreed to - my accountant advised me to opt in as he said this clause has no baring on he IR35 issue what so ever !! I called the agent and told him that I wanted to opt in - he comes back to me with sure, we need copies of passport / driving license certified by a solicitor , and certified copies of all my qualifications, and this will delay the new contract coming out to me.

    In addition they wanted to contact my accountant directly, am not happy about that. I think I will not send in timesheets till they sort this out.

    What do you guys do?? This is the first time I don’t listen to their advise re-opt out. There are another 2 contractors who started with me, but based in a different areas, I may give them a ring to ask them, but any views would be helpful.

    #2
    Opted out
    How fortunate for governments that the people they administer don't think

    Comment


      #3
      create a cuk poll thread?

      Comment


        #4
        create a cuk poll thread & then opt out
        How fortunate for governments that the people they administer don't think

        Comment


          #5
          chatted to the other contractors, they all opted out because they think it will affect their IR35 status

          Comment


            #6
            They are bulltulipting to discourage you. You cannot opt out once you have been introduced to the client in any case.
            I'm Spartacus.

            Comment


              #7
              Hi Sandy,

              You are automatically opted in unless you signed something to opt out. You have to opt out before starting the gig so the agent has no teeth here.

              The agent is required by law to check that you are who you say you are and that you have the quals and experience stated.
              All you need to do is send them a letter from a director of your Ltd company stating these to be facts of the form "pantiesdown Ltd" warrants that we have checked all details for Sandyblah blah blah can not release under the data protection act blah blah available at registered office.

              I am sure Malvolio will pipe up with the correct wording.
              I am not qualified to give the above advice!

              The original point and click interface by
              Smith and Wesson.

              Step back, have a think and adjust my own own attitude from time to time

              Comment


                #8
                Originally posted by SandyDown
                chatted to the other contractors, they all opted out because they think it will affect their IR35 status
                There is a very small pointer to IR35 if you opt in, but if you word your docs right with the agent then you can get a major not IR35 pointer.
                hint. Agent has to state if the contract is "of" or "for" service.

                I have to say Sandy, you and your fellows dont seem too clued up.......
                I am not qualified to give the above advice!

                The original point and click interface by
                Smith and Wesson.

                Step back, have a think and adjust my own own attitude from time to time

                Comment


                  #9
                  Originally posted by The Lone Gunman
                  Hi Sandy,

                  You are automatically opted in unless you signed something to opt out. You have to opt out before starting the gig so the agent has no teeth here.

                  The agent is required by law to check that you are who you say you are and that you have the quals and experience stated.

                  LG : no I am not clued in at all, usually I aviod the hassle, but now I want to do things proper. Am surprised my other colleagues have opted out, btw the agent already checked who I was before I went to an interview, he wanted my reference and I gave him a trusted ex-manager's details, am stil in touch with my ex-manager and she did come back to me and confirmed they contacted her for a reference. I know in general am not supposed to give references, but I trust that manager, we are more of friends really so I knew she'd get back to me with some +ve or -ve feedback about the agency.

                  The agency claims that I am the first contractor that have chosen to opt in !!

                  Comment


                    #10
                    Originally posted by SandyDown
                    The agency claims that I am the first contractor that have chosen to opt in !!
                    They don't understand the law then. You are opted in unless you opt out, and you can only do that before being introduced to the client. Once you are on site it is way too late for any opting out to occur.
                    I'm Spartacus.

                    Comment

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