6 month Clause in my Agency Contract restricting me going direct 6 month Clause in my Agency Contract restricting me going direct - Page 4
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  1. #31

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    Quote Originally Posted by perplexed View Post
    On a tangent, what would happen if original agency was in say liquidation?
    Then if the were so inclined, the Administrators of the insolvent company could enforce the penalty in the clause.

    How would they know? They'd have sight of the general contracts but to be honest, for the sums involved I very much doubt they'd waste their time following this up.

  2. #32

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    Quote Originally Posted by SueEllen View Post
    You need to keep an eye on who buys their assets and goodwill.

    Also read your contract. Lots contain clauses that means you aren't bound to the contract in cases of administration.

    Personally I would let the client know the agency is in liquidation as they probably have such clauses in their contract with the agency.
    Agreed. Had this circumstance years ago - end client knew contractors were being paid late by agency, kept them on PSL having done a simple credit check / were getting good quality contractors. Lost a fair bit due to the liquidation. End client acted incredibly dodgily imo - told contractors to invoice them for the amounts going forward. Technically, that money should have gone into the pot for the liquidator to deal with.

    Did have a hysterical, couldn't make it up moment though. People angry with agent for not tipping the wink to us for what was going on. He complained he'd been shafted on his expenses so was also out of pocket. After about 3.5 years, my company ended up getting a cheque for £147.50 where £9k was owed. The documentation showed that whining agent was owed a whopping £13.50 on expenses...

  3. #33

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    Quote Originally Posted by washed up contractor View Post
    Then if the were so inclined, the Administrators of the insolvent company could enforce the penalty in the clause.

    How would they know? They'd have sight of the general contracts but to be honest, for the sums involved I very much doubt they'd waste their time following this up.
    They'd have the legal duty to recover as much outstanding money / money for company, wouldn't they?

    In reality, doubt they'd know,

  4. #34

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    Quote Originally Posted by perplexed View Post
    Did have a hysterical, couldn't make it up moment though. People angry with agent for not tipping the wink to us for what was going on. He complained he'd been shafted on his expenses so was also out of pocket. After about 3.5 years, my company ended up getting a cheque for £147.50 where £9k was owed. The documentation showed that whining agent was owed a whopping £13.50 on expenses...
    These days, IPSE+ membership will help in those circumstances.
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  5. #35

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    Quote Originally Posted by TheFaQQer View Post
    These days, IPSE+ membership will help in those circumstances.
    Well, what's in the past is in the past tbh. Can't do much about it now.

    Just loved the agent acting as if he was in our boat...

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