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I have not been paid for some consultancy work i did for an…

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I have not been paid...
I have not been paid for some consultancy work i did for an agency set up to manage a United Nations project. They claim the client will not pay them so they are not in a position to pay me. The agency was not equipped to manage the work (as I found out too late) and the client decided to dispense with the agency's services, however the client and the agency are actually family friends. The client asked the agency for a detailed account of my activity and I stated to the agency that I would be more than happy to provide an account directly to the client. He said if I did that he would take legal action against me. This is because he is worried about the detailed content, which exposes his highly unprofessional behaviour. Am i within my rights to provide the activity report directly to the client, even if it contains accounts that the agency would not want to client to know? This matter has been going on since April 2017 and they owe me £16,000. I have correspondence to support the fact that we discussed pay, rates, working arrangements and that i chased for a professional services agreement with him but he kept stalling (as he was never at pains to legtimise any contracts). I did however sign an NDA with the client which references entering into a commercial agreement between our two parties - myself and them.
Submitted: 7 months ago.Category: UK Law
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Answered in 23 hours by:
1/14/2018
Solicitor: Michael Holly, Solicitor replied 7 months ago
Michael Holly
Michael Holly, Solicitor
Category: UK Law
Satisfied Customers: 7,088
Experience: I have 20 years of experience as a solicitor in litigation and other areas
Verified

Presumably your contract was with the agency?

Does that contract contain a clause stating that you only get paid if the agency get paid?

Michael

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Customer reply replied 7 months ago
Thank you for replying. I have correspondence to confirm our agreement but no formal professional services agreement, which I pursued. Yes, the arrangement was directly with the agency and no, nothing to that effect. However, they have stated that the agency was only started to represent that client and it is my fault that we lost the business, yet I have a record of only positive comments regarding my work, including an email from the client after things had been terminated thanking me for my hard work.
Solicitor: Michael Holly, Solicitor replied 7 months ago

Cut through this. You performed the work under the terms of the contract. If the agency has not been paid this is not your problem. Sue the agency for breach of contract they can always add the client as a third party.

If there are any further points please reply I will be happy to respond.

Kindly either accept or rate my answer on the system so I get credit for my answer.

Best wishes

Michael

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Customer reply replied 7 months ago
But the agency is saying they have no other income. And I believe them. They are questionable at best. They manage projects themselves for the originating funds and large sums of money are involved. Surely they might just close the agency down as it is a shell company? I was hoping I would be within my rights to complain to the greater funding department that funds the project. They gave a lot of money to someone very young to start the project and there was a record, albeit brief, of her commissioning work then trying to get out of paying for it. Also, where do I stand on showing the client the full activity report, which details the conversations between myself and the agency, which he is threatening me with legal action if I show her but which contains and explains significant mitigating information regarding the agent?
Solicitor: Michael Holly, Solicitor replied 7 months ago

Dear Tracy

Unless you can come up with a way of arguing that you have a contract and are employed directly by the customer you have no legal cause of action to sue the client.

You have a contract with the agency and need to sue them. The agency can then add the client to the proceedings and claim an indemnity from them in relation to your claim against the agency.

If you show the client the activity report the agency can only sue if they show a legal cause of action and that they have suffered loss as a consequence both of which are not apparent.

Michael

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