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Hello All

 

I have a suggestion to ask about a sitaution I am in just now.

 

i worked through an agency on a end client contract, the daily rate fixed had a content of retainer where a part of daily rate was to be retained by agency and would be invoiced on a pre agreed date.

 

Now the problem is the contract wording,

 

On the contract it is written 'XYZ% of the day rate will be held as a retainer which can be

invoiced for in six monthly intervals, XYZ October 2012 and then........'' (actual contract wording)

 

I have left (rather forced to leave) the contract in September 2012 and now when i invoiced the agency for retainer they came back to me saying that I would have been on contract for six months to qualify for retainer, where as no where on teh contract it is written as a criteria for claiming the retainer.

 

I m in a fix as to what should i do to get my money back !!!

 

the lady i was dealing with kept changing her defence for non payment in every other email first she said its is clearly mentioned in contract, when i asked where in particular teh clause is she couldnt tell (as it is not in contarct anywyas) then i asked her to give me the details of director as i want to conact them she said 'contractually the agency is not laible to pay me my retainer' with no proof and reference to any contract terms what so ever

 

Questions

 

1) Does any one knows where to complaint against the agencies? like who regulates them and who is there ombudsman body?

2) Does the contract wording suggests anything like a qualifying criteria at all?

3) what legal action could be taken against employment agency under contracts law or any simialr law

 

Thanls

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