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xtonehari

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About xtonehari

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  1. Hi nuclearshark, In summary, The recruitment agency is withholding the payment. The client ended the contract stating that they are not happy with my performance (but other reason in my original post) and paid for the all work done plus one week additional for the notice period. The recruitment agency saying that they shall deduct from my payment because I breached the contract by not performing to the required standard and they incurred losses. Please advise what can be done to get my payment. In the first stage, my intention at the moment is to write to them in response to their letter. Not to write threatening legal letter at first. I can ignore the letter I have drafted earlier. There was some moment in this dispute, on 31st Oct, I had to speak to the agency's Finance Director regarding the payment, as he is the person claiming and holding the payment. I took no responsibility for his claim regarding not performing to standards. After lengthy discussion, I refused to pay the agency claimed amount of £5000 and said I cannot give up and ready to flight. The Director said he can consider waiving off some amount and came down to £3000. Still I disagreed and refused to pay £3000. After some further talks, the Director said he can agree to £2500 and not less than this amount. He said I have to pay some amount towards their loss and cannot go without paying and asked what's my thoughts. After some thinking, I agreed to pay £1000 and no more that. But the Director did not agree to £1000 and said he cannot accept this amount and he said £2500 is his finally amount. So now, either I have accept to pay £2500 or respond to their initial claim. I would like to respond instead of agreeing to pay £2500 or £1000. In my response to their claim, I would like to highlight the following points, - Why and what services are said to be below standards - How am I responsible for the loss - In what way I failed to perform the contract work below standard - Do XYZ (agency) have written confirmation from the client stating that the work performed by myself was below standard - How and where is the Standard stated, defined and measured as per the claim It would be of great help if you could please advise how I can write back to the agency covering the above points and/or if you think of any additional points. If this fails or the agency responds to my letter instead of giving my full payment, then we have to take different course of action. Thank you in anticipation
  2. I kindly request if you can please have a look at my other case with Recruitment Agency listed at https://www.consumeractiongroup.co.uk/forum/showthread.php?490703-Self-Employed-IT-Contractor-%96-Recruitment-Agency-Withholding-Payment&p=5154416#post5154416 I have drafted a letter and I need some advise on writing back to the Agency please. Thank you very much
  3. Hi Andy, Thanks for your advise. With help from friends and like you, I have written a letter to respond to the agency's claim. Any suggestions would be greatly appreciated. Please let me know how do you find the letter. Mr ABC XYZ Agency Address 1st Line Postcode 06/11/2018 Re: Contract number 12345 Dear Mr ABC, I am writing in response to the letter from XYZ (Agency name) Dated 17th Oct 2018 regarding breach of contract by my company (name). After discussing with you over the phone on 31st Oct and your offer to reduce the claim amount from £5000 to £2500 is looked into carefully. As per my legal adviser and consideration, I cannot accept your offer and don’t take any responsibility for your claim i.e. service not being performed to the required standard by myself. The reason for not agreeing to the claim is because, it is not specified; - Why and what services are said to be below standards - How am I responsible for the loss - In what way I failed to perform the contract work below standard - Do XYZ (agency) have written confirmation from the client stating that the work performed by myself was below standard - How and where is the Standard stated, defined and measured as per the claim With all due respect, I stand by what I have said and seek further clarification as per the above. As the payment is past the due date, I would kindly request you to make the full payment for the two invoices totalling £xxxxx.xx immediately. Failure to make the payment within the next two weeks, I would have no choice other than to make a legal claim for the payment. Any cost associated with the legal claim and/or other costs associated or occurred towards claiming the invoice payment of £xxxxx.xx would have to be bearable by XYZ (agency). Yours sincerely xtonehari
  4. Hi Andy, I operate via my Ltd Company. I have PL insurance but it does not cover in this case. I spoke to employment solicitor and they said it is a civil recover case and does not come under employment law as I am self employed. I am just seeking help to write the first letter in response to the agency claim and to disagree that I don't accept that I under performed.
  5. I applied to a job Ad from a Recruitment Agency (XYZ) to work for a big IT Consultancy firm (ABC). I got interviewed by ABC and got selected. The job contract was signed between Myself and the XYZ. I started the new contract with ABC on 12th September and they asked me to work for a Government client. After 3 weeks of working, one day (3rd Oct) when I was at Gov client office, I overstayed and worked till 8.30pm and I was alone in the office after everybody left. On 4th Oct, when I went to office as usual, Gov client asked me to leave their office immediately as I had breached their security. I was on visitors badge and as per the rule I was not supposed to be alone and one of the regular badge holders should have been with me always. This was not briefed to me before I started at Gov office by the ABC or ABC staff instructed me leave the office on time. On 5th Oct, ABC called to their office and informed me that they are not happy with my work performance and they are terminating the contract with immediate effect. They did not mention anything about incident happened at the Gov office. ABC said they would pay for all the work till date and additional 1 week for the notice period. After the termination, I sent the invoice for the number of days worked to the XYZ. On 17th Oct, I received letter from XYZ saying that, The reason XYZ was unable to continue its contract with the Client (ABC) was due to the services not being performed by the Consultant Company (myself) to the required standard. As a result of this breach XYZ has incurred losses, such losses amount to £xxxx.xx + VAT. In accordance with clause 3(f) and 10 of the contract, XZY shall deduct this sum from outstanding invoices. I totally disagree with XYZ because, - There is no defined performance standards or metrics mentioned in the contract - When ABC is happy to pay for the work done and for the additional 1 week notice, XYZ should not have any hand in this. - I don’t think ABC would have sent a letter to XYZ with the reason for terminating the contract I won’t let XYZ to go ahead with their claims at any cost. They have provoked me with this unethical and unfair business practise and won’t let them carry on. In responding to XYZ’s claim, I am including the following points in my letter: - How am I responsible for the loss - In what way I failed to perform the contract work - How did they arrive at the cost I need your help please to fight against this rogue XYZ agency and for them to pay the full amount for the work I did. Please advice on how I can respond to XYZ claim. Thank you PS: I have extracted section 3(f) and 10 from the contract and shown below. 3 (f) Whenever under this Contract or otherwise arising from the relationship between XYZ and the Consultant Company any sum of money shall be recoverable from or payable by the Consultant Company, the same may be deducted from any sum then due, or which thereafter may become due, to the Consultant Company under this Contract, or any other contract between XYZ and the Consultant Company (or any of its affiliates). 10 Indemnity The Consultant Company shall indemnify and hold harmless XYZ against any and all claims costs expenses losses or damages whether direct or consequential arising from the Consultant Company's breach of any provision of this Contract including all administration costs and all claims costs expenses losses or damages arising from the negligence or acts or omissions of the Consultant Company or its employees agents or subcontractors.
  6. Hello All, After sending out the form along with the letter (as per ericbrother) on 10th March, I have not received any reply (letter) back from them. But, I keep on receiving lot of phone calls from Lowell Debt but I don't answer it. Considering it has been 5 months, are they still eligible to take further actions. Thanks
  7. Thanks Guys.... I will use the attached Reply Form from dx100uk and send it along with the letter as per ericsbrother. I had missed the page 1 of the letter to insert into the pdf file. I am attaching same pdf file again with page 1 ThirdLegalLetter+ReplyForms.pdf
  8. Hello All, Received Third Letter from BW Legal informing to pay the Parking Charges or to face County Court Claim. They have also sent some Forms to fill and send it back to assess my Debt condition. I have attached all the letters. Please advise what best can be done now. Thanks all ThirdLegalLetter+ReplyForms.pdf
  9. Hello All, Received second letter on 3rd Jan showing as FINAL NOTICE to pay the parking charges. Please find the letter attached. Please advise should I wait for further letter/notice to come through. Thanks all
  10. Hello ericsbrother, Please find 2 letters attached received from BW Legal. The first one is Cover Letter and second is the instructions to pay the Parking Charges. They have given 16 days from the date of the letter to pay or respond. Please suggest how to respond or what is the next step. Thank you BWLegalLetter.pdf ExcelParkingCoverLetter.pdf
  11. Hello, I received Legal Notice from BW Legal on behalf of Excel Parking. BW Legal have sent a letter asking to pay £100 outstanding balance + £60 associated cost. Please advise on what to do next. Should I appeal to POPLA or send a letter with reason for not paying the fine. Thank you
  12. No More Whinging, only Listening. I will wait and update when I receive next letter. Thank you
  13. Hello All, I have received FINAL REMINDER NOTICE to pay £100 as I have not responded to the earlier notice and it says "It is now too late to appeal". Would it be better to appeal now with the same reason as I had mentioned earlier. Thank you all
  14. Would ignoring now will not cause more problems later on? If I take you suggestions and wait for the final letter, what will I say then. On what basis shall I fight them and what valid points will I have that I cannot do it now. My only worry is, I don’t want to end up paying more with all the costs. Which I cannot afford and will be huge burden. I can take you advice and wait until the time comes. Then I have totally rely on you guys and act accordingly. Hope I can expect full support from you all. Thank you
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