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Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return
Have you consented at all to your detailed being passed on please?
Hi Alex, no I haven't consented. I received the text from the agent basically telling me that he would pass on my details. However I promptly replied that I did not want him to. His response was that it was fine but he wanted to discuss what he had said and then pass on my details. I haven't phoned the agent back as yet.
I don't know. It was never stated to me that a verbal offer and my verbal acceptance meant I had agreed to a contract. I am yet to receive any formal acknowledgement of an offer in writing or seen any terms of agreement. So far, apart from going into the agents' office and submitting relevant documentation I.e certificate of company incorporation etc, signing bribery agreement and providing references all communication has been verbal.
I haven't got as far as saying I'm pulling out. I just really need to know where I stand in terms of implications for speaking directly to the client before seeing formal terms of agreement and contract in the event that I do wish to pull out of the contract which is likely. All that had been discussed up to now is offer of contract, my acceptance, checks and now the agent wants me to talk directly to the client to discuss start date and induction. So the agent is trying to progress without the contract having been drawn up and me seeing it first. By getting into a direct conversation with the client now rather than with the agency representing me I'm concerned that I'm putting myself in a tricky situation for being unable to pull out of the contact before I start it
If your details were passed on without consent then it could be a breach of the Data Protection Act, this is because your personal information is just that - this means that you need to consent or agree to it being sent to other people.
If there is a contract being drawn up then by accepting as you have and then pulling out would not be a breach. Only once contracts are signed and if you pulled out then would you be in breach of contract.
But by pulling out now, that is fine.
Therefore the agency should not pass on your details without consent and you can pull out until contracts are signed.
Can I clarify anything about this for you today please?
No that's great, my concern was with accepting a contract verbally and being committed to carry it through regardless. You have answered my question, thanks.
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