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    • i'm gonna get a 2nd opinion on this and how you should re-order the above.   i really do think that you need to now clearly portray that the supposed belief that a payment was made you've now realised as a false flag.   the main thrust of your defence should be paperwork issues and how important those are to their successful case. then the  charges issue 
    • is it entitled letter of claim?   dx  
    • Hi could you clarify as it is still unclear about AX as to how they contacted you.   How did AX contact you? (phone, email etc)   How long was it after the accident that AX contacted you?   When AX informed you that you had nothing to pay as this would be paid by the insurance company did you contact your insurance company to verify this before agreeing to AX T&C for the courtesy car?      
    • Hi,   I have received a letter from pra group for a loan from 2013. I have never paid anything towards this loan and it’s no longer on my credit file. What do I do? 
    • Hi  I sold two graphics card to customers on eBay, i used the pacelink to create postage and drop off both items at the same parcel shop, my both parcel were tempered and both of different customer said they received the puppy training pads instead of graphics cards. I use the default insurance on both £25 each.   When i raised the claim to pacelink Hermes admitted for one the parcel that it was damaged, pacelink has issued me £25 which i told them i am not accepting but they still transferred the compensation into my account.   Both of items sold for £780 and £790 respectively. I had to refund both customer, in total it cost me £780+£789.   I want to claim my money back because my both parcels were tempered because i used clear tape when I packed the parcels and when customer received it it was packed with brown tape, in addition to that both customers received puppy training pads of same colour.   I have all the photo avoidance provided by the customers. Conveniently whenever i used royal mail customer received the items perfectly and this time i used Hermes through pacelink and both customer did not received the items.   I have 100% feedback on eBay and sold 5 graphics card in which two were lost through Hermes.    I did recording of both items when doing the packaging. when can been seen at the following urls.           I know the process that i have to write them a letter which i will sent at the following address. Please help me if you have any sample letter. Please help me if i am missing something   Hermes Parcelnet Ltd,  Capitol House,  1 Capitol Close,  Morley  LS27 0WH
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 25 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
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I'm not sure if this is on the right board, but just before Xmas the recruitment agency advised me that because the firm I was working for had 'invoicing problems' (the firm weren't paying the agency for me being there, although I got paid) and as a result my temporary assignment was ended with immediate effect.

 

However, I checked my social media and emails and one of the bosses who I used to do work for has emailed me today asking me to contact them.

 

If the firm wanted me back surely they must have to go through the agency first etc.

 

I was there for 6 months and in the process of completing a new claim online.

 

Any advice about what to do would be appreciated.

 

Thanks

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I suppose it's possible that they are trying to contact you to offer you work directly and therefore bypass the agency fees. This could mean that they will pay you more money than you are earning through the agency – but save themselves a certain amount of the commission that they were paying the agency.

 

Of course, if the agency found out that you were doing this then they probably wouldn't take you on any more. I imagine that if you did this then you would be in breach of your contract with the agency and it might also be considered as dishonest behaviour.

 

One thing to worry about is that the employer has apparently not paid the agency. If they are this kind of employer – or if they have financial problems then you could find yourself in difficulty if you worked for them directly. At least working for the agency, you are pretty well guaranteed to receive your money regardless of the state of the employer.

 

It will be for you to make a decision and what I have said here are really just some extra ideas for you to consider.

 

If you simply just carry on working for the agency, will they continue to give you the amount of work that you need and at a price which makes it worthwhile? If you left the agency and went to another one, would you get the work you need? Is it possible that a subsequent agency would find out that you had betrayed the previous agency and gone to work for the employer directly.

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Can't really add to what BF has said - speak to the employer and find out what they want but do not commit just blindly. Look at your agency contract and make sure that you are not bound by any restrictive clauses, and ask the employer directly about the previous issues with payment

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When I was at this company there were days were I wouldn't have anything to do so when I contacted the agency about this back in October they said they would find out what's happening for me. Since then I've started to look for other jobs and do I continue my claim for JSA as officially I'm now not working ?

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Since then I've started to look for other jobs and do I continue my claim for JSA as officially I'm now not working ?

 

You should be entitled to claim JSA along with council tax & housing benefits for as long as you are not working. Both the JCP and the council are used to seeing people in the same situation and understand that agency work is not guaranteed. The JCP will still expect you to jump through hoops, but try not to let that get you down.

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  • 1 month later...

On friday on the way home work, I received a phone call to say that as the company haven't been paid I can't go in until Wednesday next week.

 

However, even though I haven't got a contract yet from the company I have been permanent. Also the agency don't know this.

 

Before I left on Friday, the company that I'm temping at said that I should come in anyway on Monday so don't know what to do.

 

Should I go in or not tomorrow ?

 

Thanks

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your post is a little confusng, cn I check

 

- you work for an agency, the agency have not been paid by the company they have sent you to work at, so have advise you not to go in

- the company you have been sent to work at have made you permanent on their books not the agencies, but not told the agency? And you do not have a contract.

 

The company will most likely be due to pay the agency for you moving from temp to perm, so are acting dodgily not declaring this.

 

Between that and not paying the agency it's screaming to me that they are having cash flow problems, so you may not get paid on their books either.

 

I would follow the advice of your agency. You have nothing in writing, so no protection.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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The agency phoned up late on Friday afternoon chasing payment at the company that I'm temping at. The same thing happened just before christmas when I received an email advising me not to go in.

 

However, a few weeks ago the agency phoned me up to let me know that they were paid and have been there ever since.

 

Hope that makes sense.

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The agency phoned up late on Friday afternoon chasing payment at the company that I'm temping at. The same thing happened just before christmas when I received an email advising me not to go in.

 

However, a few weeks ago the agency phoned me up to let me know that they were paid and have been there ever since.

 

Hope that makes sense.

 

I agree with Emmzi. This company have a contract with the agency, which obviously includes paying them for the services provided. They have now twice reneged on that contact. What on earth would suggest that they are trustworthy to you? Not paying once is a serious oversight (since the agency probably took steps to remind them before telling you not to attend). Not paying twice is deliberate and suggests that they don't have the cash flow to pay. If they can't afford you through the agency, they can't afford you, full stop. So if your wages aren't paid in a couple of weeks, you would only have yourself to blame, as this is one that you can see coming.

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Yes, but the agency will pay you regardless of whether they get paid. Unless, of course, you go to work when they have told you not to. So if you say that the client has made you permanent, then it's the company that will owe you wages, and if they don't pay you have to get the money out of them yourself. And you may well have burned your bridges with the agency if you move to their client without telling them. So if you needed them again they may well refuse to place you.

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I get paid weekly by the agency and the wages have gone in my bank account since.

 

It is correct that the agency should pay you, and this should be regardless of if the company pay the agency (your contract is with the agency, the agency has one with you and one with the company!)

 

So, the agency is right to pay you, and right to tell you not to go in until they get paid.

I share the concerns that if the agency haven't been paid twice, that working for the employer direct leaves you at risk of being treated similarly!

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you aren't permanent until there is a signed contract in your hand. you have air and promises instead.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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One more question, is it up to me to tell the agency that I've been made permanent or is it the company that I'm currently temping at ?

 

You need to be clear - there is no such thing as permanent. You can be dismissed for pretty much any reason for the first two years, and relatively easily after that! The company know this. You are just so much cannon fodder to them.

 

I don't know what the terms of your contact are, but I would be surprised if it didn't say that you have to tell them if you are made a direct offer by their client. You could not bother, I suppose. But like I said, be aware that you may not be able to go back to them if you don't. And with this companies record, you could be looking for work in a couple of weeks and have no money because they haven't paid you!

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you aren't permanent until there is a signed contract in your hand. you have air and promises instead.

 

And not even then. I bet the agency have a signed contract in their hands, and look where that got them!

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you havent been made permanent, you have been asked to break your contract with the agency by an employer who cant be bothered to pay their bills. Sure, you will cost them less to employ directly but they will have an agreement with the agency to pay a "finders fee" to them for poaching you and it looks as though they are hoping to avoid that as well. That will leave you in trouble for breaking your agency contract and also as a potential witness against your new employer in a court claim. Do you realy think they are going to be nice to you when you have to give evidence that will cost them money?

You have to get your head around the fact the agency is your employer and do as they say if THEIR CLIENT (not your employer) continues to play up. Speak to your agency asap and let themt know about the offer of a permanent role if you still want to work there after reading these responses.

 

One more question, is it up to me to tell the agency that I've been made permanent or is it the company that I'm currently temping at ?
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Thanks for the replies and have managed to find a copy of the agency contract and found this :

 

2.7 The Temporary Worker agrees that, if the Client wishes to

employ the Temporary Worker on a permanent basis (or where

the Temporary Worker is introduced to a third party), the

Employment Business is entitled to charge a fee or offer the

Client an extended period of hire for the services of the

Temporary Worker.

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Louise, I am not sure why you asked for advice - I get the feeling you are ging in anyway despite the advice given? Best of luck, I hope we are wrong and that it is a risk worth taking.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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I really appreciate the advice but nothing like this as ever happened to me before where the company haven't paid the agency.

 

Things like this don't usually happen to anyone. Because companies are honest and pay the agency. But like Emmzi, I am not sure why you have asked because you appear to want to do what you had already decided to do, and just have someone tell you it is ok. It isn't. The company are dishonest and now they have made you dishonest too.

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