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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47866
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I have a case that happened several(8) years ago. I am a computing

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I have a case that happened several(8) years ago. I am a computing contractor who was contracted via an agency to work for a consultancy. For the consultancy I then worked on the site of one of their clients.
The contract was signed between my limited company and the agent. Payment was for professional working day, although that wasn't defined.
The dispute that arose came about because the consultancy changed it's rules of assessing overtime unilaterally. Invoices I sent were on the consultancy' timesheets, signed by their client but sent to the agency. When the dispute occurred I had invoices in place for approximately £15,000
The agency paid me £10,500. In the years in-between I've been back and forth to the agency to get this resolved. The agency were unwilling to push the consultancy because (in my opinion) they may lose the business which at that time was substantial. I eventually started a small claims action against the agency to get them to pay the outstanding amount due on the invoice. One of their employees attempted at this point to talk with the consultancy to get clarification and see what could be done. Although the consultancy did respond and agree there was money outstanding they never tried to enter further negotiations. The agency then effectively said they had done all that they could and that they sympathised with my position but that the problem was with the consultancy and nothing to do with them - effectively they couldn't remunerate me because the consultancy would not remunerate them. I suggested taking a joint action against the consultancy but they did not want to do this. I left it for some time to see if the consultancy would just do the right thing but nothing happened. I therefore have restarted the small claims action which has prompted the agency top contact me again and ask that i withdraw the action, saying again that they have no responsibility as the consultancy are the root of the problem for paying. My problem is that I agree with them but I think that I can only take action against the agency as it is them who should have taken steps to pay the monies to me and then the dispute over anything else would be between them and the consultancy.
Can I ask am I correct to pursue the action against the agency in this case? I think it is too late now (and will add more costs) to stop this and pursue the consultancy direct.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. When did the money become due?
Customer: replied 1 year ago.
I think it was 2008
Customer: replied 1 year ago.
Hi Ben
Will the response come on this site or on an email?
Expert:  Ben Jones replied 1 year ago.
So what happened with the first claim and at what stage are you with the current claim?
Customer: replied 1 year ago.
It is still the first claim. It went to mediation but the service forgot to arrange it. I ended up talking with an employee of the agency thinking it was in response to the mediation request. When nothing resulted from this I contacted the helpline and found that it just hadn't been progressed, so I asked them to do so.It's at the stage where they are seeing if mediation will work rather than going to court but the agent's employee thinks it won't because they do not feel it is their responsibility to pay the money - rather that it is the consultancy. They've asked me to discontinue the claim, but I don't feel I can do that as I only have an agreement through the agency.
Expert:  Ben Jones replied 1 year ago.
When did you start the claim?
Customer: replied 1 year ago.
It was in 2014 - I'm not sure of the exact month but i think around May
Expert:  Ben Jones replied 1 year ago.
in the circumstances you are indeed in the right position to claim against the agency as they are the party with which you had a contract. As this is a breach of contract matter you are going to have to claim with the party with which you had a contractual relationship. Also you would be out of time to make a claim against the consultancy as the time limit to do so is within 6 years of the debt becoming due to make a claim, therefore discontinuing the current one and starting a new one will mean you will not be able to take it further as the new claim will be rejected for being out of time. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks for your help. I will continue on the course I've started.And I'll do the rating now - v positive
Expert:  Ben Jones replied 1 year ago.
Many thanks, ***** ***** best