How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I was hoping you would be able to help me with this.

Customer Question

Hi
I was hoping you would be able to help me with this.
I run a recruitment agency and I have had a very unprofessional client which is now threating to take me to court.
I placed a nurse at one of their nursing homes within their organisation and she left in 4 weeks. Due to this I amended the invoice as she was still within our rebate sliding scale so they only had to pay half. They firstly ignored all of my phone calls and emails and then confirmed they weren't paying. They asked if I could offer them a free replacement for another candidate then they will pay, so out of good will I agreed to this in an email.
They sent me a cheque for the nurse and I explained as soon as I find another candidate within their area I will send their CV over to them straight away for the free replacement. They have been constantly demanding me for a candidate however I have explained to them time and time again that I have had no nurses come in their area which is the truth. They have now emailed me saying if I don't get them a candidate in 28 days they will take me to court for misleading receipt.
To confirm they agreed to my original terms of business by email however they didn't sign my terms as they were very difficult to get hold of. My terms of business do not state that I offer a free replacement if the candidate leaves.
This is what I said to them when I was chasing payment:
"As discussed once the outstanding balance of £1,213.06 has been paid for invoice SD1038 we are willing to offer a free replacement for Aster Healthcare."
I did not state a time period of getting a free replacement in an email or by telephone.
Do they have a case on me or are they doing a scare tactic on me?
I don't feel that this is fair as they owed me money in the first place and now they are trying to take me to court on something I cant control.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Sorry if I am missing the point but surely that does say a free replacement will be offered?
Customer: replied 1 year ago.
yes which I will give them a free replacement when I find them a candidate which I did explain to them however I haven't had any candidates come in their area so I can physically send them any CVs until someone comes in looking for work who would also be interested working at their nursing home. I also didn't state a time period which they are now saying I have 28 days otherwise they will take legal action.
Customer: replied 1 year ago.
*cant physically send them any CVs
Expert:  Jo C. replied 1 year ago.
Did you make that caveat clear? It isn't in the statement you mentioned above.
Customer: replied 1 year ago.
When they first emailed me explaining that they wanted one in 2 weeks I emailed them this:To confirm as we recruit across the UK we have a variety of candidates coming in however they are in different areas at different levels which unfortunately is out of our control. As discussed we can’t put a time limit on when candidates will be coming in within your area and of course as soon as candidates do come in we will send them across to you straight away.
Customer: replied 1 year ago.
When I say as discussed I told them over the phone our process that we cant put a time limit on finding a free replacement
Expert:  Jo C. replied 1 year ago.
Sorry, what you said was this
"As discussed once the outstanding balance of £1,213.06 has been paid for invoice SD1038 we are willing to offer a free replacement for Aster Healthcare."
That does not contain a caveat.
Have you made this offer in writing?
Customer: replied 1 year ago.
I have said that in an email yes however they ignored that email so I called them explaining that we can offer a free replacement when we find someone and then followed that conversation in an email below:Thank you for your time on the phone this morning.
As discussed as soon as we receive the cheque for Invoice SD1038 - £1,213.06 we will get started to find another candidate for St Dominic’s Nursing Home which will be a free replacement for Aster Healthcare.So I have said both of those things in an email.
Customer: replied 1 year ago.
Offering a free replacement isn't in my terms of business though just to clarify
Expert:  Jo C. replied 1 year ago.
They certainly do have a case in misrepresentation. There isn't really any way around this. You made an offer of a free replacement if they paid. What you said doesn't say subject to availability. Even if the second statement applies it is still an offer of a free replacment.
If you go right back to contractual basics though, they received a service for which they have to pay. This nurse worked for them and they have to pay for that.
The amount that they have paid only covers that anyway so whatever you said or did not say matters not as far as that goes.
The question really is what counterclaim they could bring for the cost of a replacement. You offered a free replacement and haven't provided it. You did make the offer subsequent to the contract but it does amount to a variation of the contract. They could claim the cost of finding a replacement to work for the specified period of time I'm afraid.
I'm very sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
so the worse case they will want the amount that they paid me back? as the nurse who left worked for 4 weeks so they will want a cost of a nurse for that period of time? so it could be £1,213.06What do you think I should do as I don't want to go to court and I might not be able to find them a nurse who will be in their area that will want to work there so shall I just credit them the £1,213.06?
Expert:  Jo C. replied 1 year ago.
I don't think they can get that as they did receive that servicemen.
What they could do is claim for the cost of a replacement.
Customer: replied 1 year ago.
I don't understand what cost that would be though? I mean maybe uniform they have bought for the nurse and her DBS check which costs £50.00? But If I got them another nurse which wouldn't of been free and she didn't leave within 8 weeks I would of charged them £3,272.40So would a cost of replacement be things they would of had to redo for the next nurse like a new uniform and DBS check or the cost of a recruitment fee?
Customer: replied 1 year ago.
If you are able to clarify the above that would be great and I will figure out what to do
Expert:  Jo C. replied 1 year ago.
Your offer above said a free replacement. Therefore you are liable for a free replacement which means somebody to work the remaining period at your cost. That is what free replacement means.
Unless there is a caveat elsewhere in what you said.
Customer: replied 1 year ago.
ok thank you for all your help
Expert:  Jo C. replied 1 year ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice