* What am I to do? I am a shareholder in a newly formed limited company and started work for through an agency (as a consultant) for a client. Unfortunately, a contract never materialised in the post and after 4 weeks I found the contract suddenly terminated by the client, with my Agent still not providing me with the contract. I then started another position/new contract with the same client some 6 weeks later, again asking where my contract was for the first position, but even though it was promised, it never materialised. After some 5 months, a contract appeared and I was able to invoice against it, but to this date I have had many other problems which have compounded the situation with the Agency. Full Details are contained within the attached file, and I would appreciate it if someone can help me with how I should take the issue forwards. From my point of view, the Agency has failed on several counts and will not explain in written detail why/who is responsible. For this reason, my stress levels have increased and health is taking a downturn, which the Agency just doesn’t wish to seem to want to address. WHAT AM I TO DO???
Copy of last letter sent to agency shown below:
Company XXX LTD
( Secretary – Contract/Legal Admin )
Address xxx
Date: 24-April-2008
Tel. ……..
Person yyy (Business Manager – Agency YYY)
Address yyy
Ref.: COMPLAINT 2 - Agency Contract & Paperwork Issues covering period May07-Apr08.
Dear yyy,
Following our last round of communications last week (15-17 April) you agreed to answer/address all the issues by Tuesday 22-April, but unfortunately I have received no reply. To conclude, I advise of the following action being taken for the "non-delivery of contact" and "poor level of Service" provided by Agency yyy:
1) After another 6 months of waiting for some sensible answers as to why (as promised) you did not provide me with a contract in June 2007, plus why I had to keep chasing through yyy staff and be forced to wait for it to be delivered by you some 5 months later in October 2007, needs to be justified. Unfortunately, consequences arose because of this serious omission by yourself, which resulted in me/Xxx Ltd not being able to know the detailed requirements of the contract terms which the company had to operate under. Therefore, the company (xxx Ltd) did not have visibility of what the client required, which resulted in an unexpected termination of contract and some 4 weeks of lost revenue whilst a new contract was sought. _base_d on this, the shareholders of the company (XXX Ltd) will be submitting a claim for the lost revenue of £4844, which equates to 4 weeks at £33/hr (excluding VAT) for the period 17-Jul to 15-Aug. Accumulated interest may also be applied to this figure, in accordance with section 69 of the County Courts Act 1984 and Her Majesty's Court Service (HMCS).
2) In addition, I will also be submitting a personal claim through HMCS for all the effort spent trying to resolve not only the issue above, but along with consideration for all the unnecessary time and added stress endured with addressing the catalogue of other problems listed which YYY have caused. As you and other staff within YYY already know, all these problems (as outlined in my letter dated 14-April-08, plus the many other communications prior) along with the added stress have resulted in me suffering significant pain and vision problems with my right eye and head, which my doctor puts down to the increased stress levels experienced over recent months. I have tabled all this lost time and extra effort taken (from May 2007 through to April 2008) which so far equates to some 98 hours and a cost of £3234. I should stress that this amount makes no allowance for the stress and personal trauma associated with the claim to this date, therefore a figure for this element will have to be negotiated/agreed separately.
3) From this point onwards I will also be collecting all correspondence and details associated with my personal stress and eye/vision/headaches. This may well support a personal injury claim against the emotional stress endured and its consequences on me personally (physically and emotionally), for which I will be seeking legal and medical advice/support. All I know is that the longer these problems outlined in points '1' and '2' above continue without being addressed properly by YYY, will continue to impact on the levels of stress and personal financial impact I have had to endure. If my sight/vision/headache problems continue to worsen (which they seem to be over recent weeks), then I will have to consult my Personal Accident/Injury Insurance Policy to see if they will support me with guidance and perhaps ensuring that any necessary treatment/action is undertaken to combat the problem. I am not a medical expert but have to consider my general health/well-being and avoid the worst case scenario in that “as a consequence of all this added stress from points '1' and '2' above over the last year, could possibly result in permanent damage or loss of vision to my eye”. This is obviously something that I certainly (or anyone else for that matter) wish to avoid, hence the reason for taking the steps outlined above. I would rather maintain my vision than endure any irreversible injury and subsequent claim against either you or my own insurance policy.
Yours sincerely
Mr xxx
(For Xxx Ltd)
Copy: zzz, Head of Commercial, Agency YYY
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