I am about to embark on a new contract search ....

[eliquant]

I am about to embark on a new contract search, the current one is coming to a close.

I haven't done this in a while ....

These days how can you protect yourself against agency mal-practice...

ie sending your CV out to a client without permission and agencies "blocking you" ie they've promised to send your CV to a client but in reality have not because they've aleady sent their quota of CVs and are eliminating the candidate competition (you) ??

Are there any new regulatory bodies or laws that can stop this ?

Once an agent took it upon themselves to send my CV to The Royal Bank of Scotland during the post Sep 11 downturn without permission, I was then prevented from applying there via different agencies because RBS only dealt with one agent per client, the agent was uncontactable.

I just want to avoid the serious problems and I know when you aren't in a job the agents tend to prey on you more and be more obnoxious.

[Rebecca Loos]

I've heard of medical malpractice but agency malpractice that's a new one! Can you get insurance against it?

I don't think there is much legislation regarding job applications by agencies, apart from "it has to be a real job that's advertised" (agents get round this quite easily)

After that there is regulation around invoicing, payments, late payments, going direct etc. But not much for the "pre-contract" stage I don't think

[milanbenes]

what happened with your frozen business account in the end ?

Milan.

[eliquant]

oh, the frozen business account ... interesting one.

Basically, the limited company was dissolved around 1.5 years ago.

I contacted a) the bank associated with the dissolved company (the account was still open), b) the treasury solicitor and c) a solicitor who deals with cases just like this one (Bona Vacantia).

The top and bottom of it is yes I can get all the money back, the treasury solicitor was quite sympathetic so its either a) at the disgression of the Treasury Solicitor and I get all my money back instantly or b) (more likely) I have to proceed with Company Restoration (only I can do that) which takes months and will cost around 1700 pounds sterling - has to go to the High Court but its a formal procedure.

From a legal point of view the business bank was acting illegally they should have closed the account soon after the company was dissolved and not allowed my private savings to enter the account after the company was dissolved, I was advised (wrongly) by the business account bank that I could use it as a deposit account for a mortgage. It is the banks responisibility to look at the London Gazzette where companies dissolved are advertised and immediately close a business account.

The treasury solicitors have written to the business account bank requesting for bank statements since the company was dissolved, plus a cheque for the money and a mandate to close the business account.

the legal procedure for company restoration takes time (has to go to the high court) but its a formal procedure (you can get the forms off the government web site.

I got phone calls (appolagizing) from the old dissolved company business bank from some of the head honchos, they seem to be reasonably helpful but they seem to be slightly reluctant to answer some of the questions regarding my complaints (in writing), they also have given me nothing concrete with regards to being reimbursed with any costs inccurred to re-establish the company, ALSO they seemed to be very anxious to keep the money and not let it into the hands of the Treasury Solicitor (they wanted the matter to be resolved out of court and the money to be retained in their accounts).

It all is very suspicious .... but at the end of the day ... it looks like I'll get all my money back.... which is fine...

'Bona Vacantia' means ownerless goods ... its like the government knocking on your door when you go on holiday, then claiming that you have died (probably) therefore they take your home, savings and possessions ..

When a limited company is dissolved its like a legal entity which has 'died', the government then take any assets belonging to that 'dead' company even if the bank associated with that 'dead company' inform you that is it fine to continue using it and keep it open for you to use .....

[milanbenes]

hello Eliquant,

wierd heh,

"I have to proceed with Company Restoration (only I can do that) which takes months and will cost around 1700 pounds sterling - has to go to the High Court but its a formal procedure.
",

in the uk you can start a company in about 15 minutes and for around 50 quid, but try to restore one...

Milan.

[eliquant]

hello Eliquant,

wierd heh,

"I have to proceed with Company Restoration (only I can do that) which takes months and will cost around 1700 pounds sterling - has to go to the High Court but its a formal procedure.
",

in the uk you can start a company in about 15 minutes and for around 50 quid, but try to restore one...

Milan.

yes most wierd ... its almost like a trap ! ... interestingly a work colleague of mine was almost in the same situation ... he had 15K in a company account (when the limited company had been dissolved for over 1 year), then by sheer luck his accountant advised him to urgently pull the money out otherwise the government would take it all.

It just seems to be a crazy law that is outdated, Bona Vacantia that is....

[Fleetwood]

I wish you better luck in your search than I've had in mine. 6 weeks so far....

[milanbenes]

Don't worry fleet it's not too late to learn .Net

let us know when your house in the Dordogne is on the market

Milan.

[eliquant]

Fleetwood are you in finance and in central london like I am ? with all the Microsoft tools VC++ / C# / SQL Server and business knowledge under the sun ???

I've done it all, from bonds, derivatives pricing to trading systems.

I hope the market is good otherwise I'm going to apply for the USA H1B visa in their lottery scheme !

[eliquant]

Another gotcha is if you die intestate in Cornwall, all your worldly goods go to the Duchy.

i.e. Big Ears.

Christ !

Mine has actually gone to the 'Crown' ie the Duchy of Lancaster ! its all balls.