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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70299
Experience:  Over 5 years in practice
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I am having AWFUL trouble with an IT Agency who refuse to pay

Customer Question

I am having AWFUL trouble with an IT Agency who refuse to pay me for work done some 5 years ago.
Ray Chapman
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
How much do they owe please?
Customer: replied 1 year ago.
My contract was terminated after 2 days, and their contract stipulated I was entitled to 15 days notice so that made about £10,000 ...
Customer: replied 1 year ago.
I have started to pursue them through the Small Claims Court ... BUT this will be a tough nut to crack and I need someone to represent me for this Claim
Expert:  Jo C. replied 1 year ago.
I presume you didn't work those extra 13 days?You were a subcontractor?
Customer: replied 1 year ago.
I worked the two days (Monday and Tuesday) but as I was leaving on the Tuesday I was collared and told I wasn't needed any more ... and shown the door. I didn't have time to get ANY timesheets signed, so I invoiced the agency for the 2 days plus the 15 days the contract 'said' I was entitled to. 2 + 15 = 17 days @£500 per day plus VAT = £10,200
Customer: replied 1 year ago.
And yes, I was a sub-contractor. Me => The Agency -> Hewlett-Packard => UBS (Union Bank of Switzerland)
Customer: replied 1 year ago.
Hewlett-Packard couldn't make their own software work, so UBS binned them.. I was caught in the cross-fire !
Expert:  Jo C. replied 1 year ago.
Was £500 a day guaranteed?
Customer: replied 1 year ago.
Yes, for work performed, it was a fixed daily rate £500
Expert:  Jo C. replied 1 year ago.
Ok.Are you asking how to claim?
Customer: replied 1 year ago.
No, I know how to claim, I have already started (issued it) but I need help to pursue it properly and win it. I need a tip-top 'contracts' solicitor and/or barrister who can help me dispute the Agency's defence with a view to winning the case in Court.
Expert:  Jo C. replied 1 year ago.
Are you asking for a referral?
Customer: replied 1 year ago.
The Agency are disputing the Invoice No. 2 (for £10,200) I sent them. They weren't going to pay the first invoice (£11,400) and I had to issue a Small Claim for that. They settled out of Court for Invoice No.1, which is probably why they are digging their heels in over Invoice No. 2 ... yes - if you can give me a referral to the 'tip-top' person I need that would be super.
Expert:  Jo C. replied 1 year ago.
You won't get legal aid and you won't be able to recover costs for at the small claims court. That is why mostly people self represent. This doesn't sound hugely complicated.If you are intent then a barrister under public access will be far cheaper than a solicitor. You could try*****at which is a very good common law set.If they are of the view that it must be a solicitor because there is a need for litigation then any high street solicitors will be fine. Russell Cooke are very good here will be perfectly fine dealing with this alone though. It isn't a complicated case.Can I clarify anything for you?Jo
Customer: replied 1 year ago.
I know about the legal aid, and also that my costs are not recoverable (not a problem) and I will try the areas you suggest. One final question though - on one of the Tracks in the Small Claims Court, costs ARE recoverable are they not? Might my agency try and put this Claim through that track so they can recover costs from me (i.e. which Track to I need to avoid??)
Expert:  Jo C. replied 1 year ago.
Yes, but if this is a sum under £10k then you would be allocated to the small claims court.If it just slightly exceeds it then you can both consent to the allocation to the small claims court.
Customer: replied 1 year ago.
Ok - thanks . That's all for now - have a good evening ...
Expert:  Jo C. replied 1 year ago.
No problem and all the best. Please remember to rate my answer. 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 Jomo1972’.

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