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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

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Old 28th June 2008, 18:32   #1 (permalink)
Ali2
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Posts: 34
Ali2 Novitiate
Default Withholding payment

Hi

I hope I am on the correct topic forum to seek help on my problem.

I did some work for an agency last weekend. Turned up on time, did the work, then left. Payment was to follow by cheque this week.

On Thursday night received a call and email to say there was a customer complaint. Rather than "innocent until proven guilty", a job I was supposed to do today was cancelled, with less than 48 hours notice, (I had signed a contract) and the cheque sent to me for last week's job has been cancelled.

They sent through customer complaint and have said, until sorted, will not get paid. Claimed I was in breach of contract - I don't believe I was. Please can someone advise what can I do legally? Where do I stand and what happens if they come back and say I won't get paid at all or just a fraction? - I have learnt, the hard way, never to offer a customer advice with goodwill as they throw it back in your face!!!

I am also supposed to be doing future work, for which I have signed contacts, however, how can you work for someone who takes the customer's word first without recourse to you? Gives you no chance to defend yourself but cancels jobs on you and withholds money.

Any advice would be appreciated.

Thanks.
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Old 28th June 2008, 23:01   #2 (permalink)
yourbank
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yourbank Informativeyourbank Informativeyourbank Informativeyourbank Informativeyourbank Informative
Default Re: Withholding payment

What does the contract state with regards to pay and complaints?
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Old 29th June 2008, 20:51   #3 (permalink)
Ali2
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Default Re: Withholding payment

Hi

It states nothing directly only, that in relation to non-fulfillment of contracts by proprietors, managers or engagers, the company shall not be under any liability whatsoever, although reasonable precautions shall be taken to safeguard the interests of all parties.

They say I breached one of the conditions, however, in the contract it does not say cheques will be stopped or how complaints are dealt with.

On another point, work I was supposed to do on Saturday (yesterday) was cancelled because they said they had to investigate the complaint. I had signed a contract.

It says

In the event of work being cancelled, the following will apply

Will be notified verbally, with written confirmation
Alternative work will be offered for date, wherever possible
If cancellation is notified en route, payment will be made
Payment will not be made in any other circumstances

I was taken out of the work, despite the fact it was there to do and not cancelled (someone else would have been put into it), so I lost out and could not get alternative work as I only had less than 40 hours notice.

If anyone can shed any further light, would appreciate.

By the way, work is self-employment through an agency.

Thanks.
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