Hello, my name is Ben and it is my pleasure to assist you with your question today.Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know what is your specific question?
I intend to defend any legal action taken by the agency to charge us the 2602 pounds because of the misrepresentation of the persons job title.Have I got grounds to do this.
You indeed have grounds to argue misrepresentation in this case. This would occur where a party has made a false statement of fact or law which induces another party to enter into a contract with them.
The key elements are:
There may be a degree of contributory fault here because you still had an interview with her and that would have provided you with an opportunity to inquiry into her experience in more detail rather than simply relying on the CV.
Nevertheless you can consider refusing to pay the agency and if they are unhappy with that it would be up to them to take the matter further. Due to the value of the claim this will go to the small claims court and even if you lose all you would be required to pay is the amount due (which still could be less than what they are claiming), a small amount of interest and some court fees. Altogether it will not be much different than what is claimed now so it could be a risk worth taking.