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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Default Offer withdrawn after Contract Signed I had

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Default Offer withdrawn after Contract Signed
I had accepted an offer for a contract role, the contract was drawn up, signed by the Agency and my Umbrella company on my behalf on a Friday with assignment commencement being the following Monday. At this stage the agency commenced basic vetting which they completed, satisfactorily, on the Monday. However, on the Friday evening I received a call from the Agency not to go to the site on the Monday as the client had now requested Level 3 vetting to be performed. I received an enhanced questionnaire on the Monday which I completed. But this uncovered something that caused the client concern (which was not related to anything criminal or financial circumstances) and, on the Wednesday, I was told by the agency that the offer had been withdrawn. The contract had a 5-day notice period written in but the Agency said this didn't apply as the assignment had not started. So the client actually changed the requirement after the contract had been signed. What are my rights in respect of compensation for the 3 days lost?
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.
I'll wait one more dat.
Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
For now please let me know if there was a signed contract by both parties or just one?
Customer: replied 2 years ago.
The contract was signed by all parties.
Expert:  Ash replied 2 years ago.
Ok, how much have you lost?
Customer: replied 2 years ago.
The contracted day-rate was £450. It wasn't until the afternoon of the 3rd day that I was informed that the offer had been withdrawn as I had "failed" one of their additional checks. Is there anywayI can send the contract to you?
Expert:  Ash replied 2 years ago.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?
Alex
Expert:  Ash replied 2 years ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer: replied 2 years ago.

I received the following response from the agency (Hyphen):

"
I have had advice from our litigation department and legal. I'm afraid there is
no notice to be paid based on the points below:

(i) The first point to make is that Dennis has no contractual right to
demand money or to thereafter bring a claim against Hyphen because he is not a
party to the contract signed on the 28th December 2014. The agreement is between
Hyphen and Umbrella Contacts Limited. No other person, other than Umbrella
Contracts Limited and Hyphen have any rights under the contract.

(ii) In accordance with clause 4.2, no fees are payable as Dennis did not
work or provide any services for any hours/days. The contractor shall not be
entitled to receive payment for time not spent on the assignment;

(iii) Ultimately clause 9.3.1 allows Hyphen to terminate the assignment
without notice or liability where the client requests that the personnel be
removed from the assignment. Umbrella Contracts Ltd accepts that termination in
these circumstances shall arise as a direct result of the decision of the client
and it will have no claim against Hyphen (clause 9.4).

So do I proceed with County Court costs etc?

Expert:  Ash replied 2 years ago.
Yes you still proceed.
Does that help?
Alex
Customer: replied 2 years ago.

It helps if you're right and I don't lose any more money. But I am concerned that you can give such quick advice without even seeing the contract document.

Expert:  Ash replied 2 years ago.
This is a question and answer site and intended for in depth legal advice. But based on what you have said then I think you have a valid case.
Does that help?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

I'm concerned that the advice you're giving me may not be correct. I sent your response to the agency and their lawyers responded as follows:


 


Dear Mr Robinson,


 


Tim Robins forwarded your query to me in the legal team. We act on behalf of our group company Hyphen Limited in respect of this matter.


 


Tim has made me aware of the background to this matter. As you know I have previously advised Tim that you have no contractual right to demand money or to bring a claim against Hyphen because you are not a party to the contract signed on the 28th November 2014. I note that you now state that you are not looking to claim contractual damages for breach of contract but some form of refund/compensation. Presumably this refund is for the notice period that you say is owed to you.


 


My understanding is that you are asking for notice to be paid in respect of a contract that you are not a party to. Further, in order for you to bring a claim for compensation, you must be able to show that Hyphen owed some sort of duty of care or some other duty owed to you directly. The fundamental point is that Hyphen has no direct relationship, contractual or otherwise with you. Hyphen’s relationship was with Umbrella Contracts Limited.


 


You have not fully particularised your losses. I am sure you have been made aware that to bring a claim against Hyphen you will need to pay at the very minimum the court fee to bring an initial claim and the hearing fee if the matter goes to trial before a judge. We do not consider it to be cost effective for you to pursue this course.


 


I have set out our client’s position and trust that this now concludes the matter.


 


Best wishes,


 


 


Kam Bhamera


Solicitor


Group Legal Services
Adecco Group UK &Ireland



Does your advice remain that I should proceed with a County Court claim at no loss to myself?


 


Regards


 


Dennis Robinson

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