This is one of those that would have to be decided by a judge. Because the argument that you have is that by sending you a candidate and unacceptable rates, they have in effect made that candidate unemployable by you unless you agree to the rates.
Let me grossly exaggerate to prove the point.
They send you the rates which are unacceptable.
They then send you the telephone book (I said I was exaggerating) and say that these are all candidates.
One of the candidates happens upon your company and applies for a job and then the agency says that they introduced the person to you and they want their fee. It would be ludicrous.
So it’s really a matter of degree as to whether they introduced the candidate to you on acceptable terms. My opinion is that they shouldn’t have sent you any details until such time as you had agreed to their terms and you haven’t agree to the terms, they don’t send any.
Do remember that I can only give you my opinion.
Another lawyer may have a different opinion. Litigation needs at least 2 parties and neither goes to court expecting to lose.
Nonetheless, one of them does, even though they have been told by their respective legal advisers that they have a good chance of success.
If there was a black-and-white answer to every legal problem there would be no need for anything to ever proceed to court.
This is not one of those I would like to go to court on with any certainty of either party winning. It could go either way.
She can claim what she likes but whether a court judge would agree remains to be seen. I would be inclined to try to negotiate a settlement. If you are doing Mark the letter Without Prejudice Save as to Costs and then, they cannot produce it in court as any kind of evidence that you will accept less than the full amount being claimed or that you admit that you are entitled to less.
I know this doesn’t give you a definitive answer and that’s quite simply because there is one. Some things have to be decided by the court which is what they do.
Thank you for letting me assist you with your legal question. I am glad that I was able to help.
I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.
It will be my pleasure to help you again either further with this or any future questions you have