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RobMitch

recruitment agency claimform sent for an unpaid invoice while in dispute with company

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Hi all

 

This is not the usual debt situation here but my partner used a recruitment agency to hire a telesales operator for one week. After leaving my partner reviewed his computer (as his phone logs showed irregularities) and determined he had used it for (very) inappropriate surfing of the net rather than actually researching comapnies to target for sales.

 

The invoice they sent for his week was also for the wrong number of hours (never corrected) and a representative of the company didnt want to see internet evidence as it was distressing. My partner was told not to worrry as the operator would not be paid the full amount and a corrected invoice would be sent.

 

After the invoice for the full amount was sent, we requested a manager to come and view the material with a view to agreeing a reasonable number of hours to be rebilled for.

 

She came on the same day that their accounts department submitted the court papers.

 

Up to this stage it was amicable but as this has now gone legal we are unsure exactly how to proceed.

 

My parnter is a sole trader and so this debt or CCJ would appear on her personal credit record.

 

We wish to defend the claim based on the fact that (i) the invoice was for the incorrect hours (ii) the amount was in dispute (iii) their was an ongoing investigation into his activities by the recruitment agenecy.

 

We can supply the computer logs and screen shots as evidence in court.

 

Should we send CPR letters? Which ones? Are we entitled to demand transcripts of phone communications?

 

There are a number of issues which I feel are relevant:

(i) There was never any signed agreement betwen her and the agency.

(ii) Terms and conditions were sent by e-mail and written acknowedgement was never requested.

(iii) The agency had agreeed verbally (but not confirmed in writing or email) that the amount would be ammended downwards.

(iv) The invoice was currently under dispute.

(v) the Particulars of Claim only mentioned a non-payment of invoice for temporary staff.

 

Any advise would be greatly appreciated.

 

Thank you

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Bump, anyone?

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Hello,

It sounds to me that you have a reasonable reason for not paying and I would put in a defence as you have outlined above. I suspect that when the employment agency gets your defence from the court they will quickly back down.

In terms of the CCJ it will only appear on the public records if you a) lose in court and b) fail to pay the judgement sum within 28 days.

Just watch the time lines so that they do not get a default judgement.

Martin g

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Than you very much I hadnt realised about only getting a CCJ if you failed to pay in 28 days. That's very reassuring as the sum is only a few hundred and it could be covered if needed!

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Can anyone advise please on what gorounds a counterclaim can be made. Is it for the costs of wasted time in preparing the defence and evidence?

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