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Ash
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Experience:  Solicitor with 5+ years experience
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FAO Alex Watts. We have dealt with a company providing agency

Resolved Question:

FAO Alex Watts.
We have dealt with a company providing agency labour for over 8 years. We do not have a signed contract. The agency do not issue us with Purchase orders ie there are no Written Terms and conditions attached form the Agency Company. Nor does any communication refer to any Standard Terms & Conditions that they may have.
We originally ‘gave’ 2 individuals to the Agency as it suited the way we needed to approach the business for one of our clients, but there is no document proving this. The agency is now stating that in allowing the 2 individuals to work for us directly that we are in breach of contract and need to pay them a fee for doing so.
Am I correct in assuming that as no terms of conditions exist that the Agency does not have any legal standing regarding the fees that they are demanding?
Thanks
Pete
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.For now please let me know had you paid the agency in the past?
Customer: replied 1 year ago.

We have used this Agency for these 2 individuals for the past 8 years. The 2 individuals have bee with us throughout this time.

Pete

Expert:  Ash replied 1 year ago.
Did you pay them fees before?
Customer: replied 1 year ago.

No

Expert:  Ash replied 1 year ago.
Ok - if there are no terms and as such no agreement for fees which have been discussed they would be on difficult ground.The law says they are entitled to a reasonable fee for reasonable work done. But they would need to show there is a contract and an agreement about fees or some charge. If this was not discussed then they are not entitled to it.Can I clarify anything for you about this today please?
Expert:  Ash replied 1 year ago.
Alex
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Category: Law
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