Recruitment Agency Blunder Refusing Payment

[sharemaster2]

 

Hi Caggers,

 

It has been a while I was on this forum from the Early Bank Charging Days was the last time I was here and am happy to say that this forum was good to me as I was able to get back almost £3.5k from my Bank in charges. It was very good indeed.

 

Okay, now I have another Legal Issue. I worked for an agency as an IT Contractor.

 

I got an IT position to work from a site in Swindon but also had the option to travel to other sites around the UK for the same company.

 

My expenses was always paid when submitted via an online portal system with receipts. When I got this three months contract position, I negotiated the contract with the agency and also get them to pay all my expenses as part of the contract, ie, Hotels and Trains Travels to and from site. This was agreed over the phone and was normal practice as well.

 

I subsequently submitted all my expenses every week to the agency and every week this was signed and approved for my expenses to be reimbursed back to me. Please note, every week I put in my expenses and it got signed off and approved by the agency. This went on for almost 8 weeks with no problem.

 

Then on the sixth week, I got a rejection of my expenses claim and the reason was since I was based on a home site which means expenses cannot be paid for while on a home site.

 

I live in London and the position is in Swindon which was where I was now based for the contract position. All my Hotels and other expenses have all been paid for all this while and even in the contract, it did not say that swindon was a home site for me.

 

The point now is, not have the agency stopped paying for any more expenses claim going forward, they now even want to recoup all the expenses claim they have paid from when the contract started which almost £4k!! So what they are saying is that they will not pay me my contractual pay as well to cover the expenses they have paid on my behalf all this while!!

 

Please note that every week, when I submitted my expenses and receipts on an online portal system, it was always accepted and signed off as approved.

 

My contention is the person who approved and always signed my expense claims seems to have made a mistake from what the agency are saying and I am claiming that I am supposed to get my expenses paid for.

 

Therefore, I am now paying my own expenses as it stands and also facing my money due to my company being stopped as well.

 

The contract I am on, has a week left on it and it seems I will be out of pocket for this blunder and claim by the agency who claim that I was told over the phone that Swindon was my home site and therefore no expenses was to be paid for me. Which I think is all rubbish really. If that was the case does it mean they were incompetent when all my receipts was properly inspected and signed off as approved for a whole six weeks? This really started when funding for the project was not forthcoming for the next phase.

 

I have to say this agency has a very bad reputation and are good at trying to ripp contractors off.

I am disputing the fact that not only are they saying they will not pay my expenses moving forward but the fact that they are withholding my contractual pay too!! They are doing this as I have just a week more on the contract hence this attitude from them.

 

I want to sue them and go all the way to court if I have to as I will not accept this sort of attitude from a Recruitment Agency. These are the sort of agencies they call " Cowboys" this one is one of them.

 

If I am right, my next action is to write them a letter before action, is that right?

 

Can fellow caggers advise me on my next move please. I am going all the way with this one!! Some of these cowboys agencies need to be stopped and I will keep you all updated on my progress.

 

Thanks to all indeed.

[sharemaster2]

Update, I still have not been paid the money I am owed as already mentioned above and I am no longer on site as the contract has expired. Can any one please point me in the right Direction or a sample of the Sort of " LETTER BEFORE ACTION" to write. I need to start action as I am being fobbed off by this recruitment agency every time I call them. They want me to give up and move on but why should I when they own me money I worked for!! If any one or the Administrators can assist me this will be great. Very Many Thanks.

[BankFodder]

Write them a concise letter laying out all the details. Do it in a bit more structured way than your first post here which is a bit rambling.

 

At the end, total up what you think they owe you and tell them that unless you receive it within 14 days that you will sue them.

Don't bluff. If you won't do it, don't write.

In the meantime start reading up on how to bring a small claim in the county court.

 

Prepare your claim form with Moneyclaim and on day 15 issue it.

The claim will very simply say that you are suing for:- The defeddants are a recuitment agency which employed the claimant on a self-employed contract from XXXXdate to XXXdate . You are claiming for £xxxx comprised of unpaid remuneration and unpaid expenses which were agreed in the contract. Details have already been supplied but copy details will be supplied after the issue of the claim.

 

Indicate in the claim that you intend to supply further particulars. Make sure that you do this by sending another copy of your letter once the claim has been issued. In that case, make sure that the letter carries the claim reference number, date if issue and name of the court and names of the parties. Also write at the top of the letter that you are serving this on them as further particulars of your claim. It doesn't need any other formality.

Come back here when you get their defence.