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Hiring company Breached my contract and not paying for services

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5 years 4 months ago - 5 years 4 months ago #3182 by themindseye
Please advise !!! any help appreciated

I was subcontracted by a IT recruitment agency to provide services for x company. I worked for a year with no problems and now gave them 2 months notice that I won't renew my contract with them after the end of the year as the contract ends at the end of the year.
I was given another contract by another company for a different position within x company and now the original hiring company stopped paying me stating alleged breach of contract saying they have rights over my position..trouble is it is not the same position and although they said they would originally pay me on the 8th November they never paid me and sent me an email saying its with their legal team and they are with holding my pay.
I am fulfilling my contract to the main client and am subsequently working for nothing so by the end of the year I will be owed 4 months which runs into many thousands of pounds.
I have emailed them requesting the pay for the 2 months owed to date but they have completely ignored me. Any advice is appreciated
The contract ends on the 31st December so I am not in any breach as I am fulfilling my contract but they are as it would appear in major breach to me .

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5 years 4 months ago #3183 by j.salmon@cpa.co.uk
Hi,

I am afraid that as this is a contractual dispute with the recruitment agency this forum is not the best place.

I would advise you to seek legal advice from solicitors specialising in contract law.

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5 years 4 months ago - 5 years 4 months ago #3185 by themindseye
Thanks it appears not even solicitors like this either even though there is nothing to say I made any breach but the breach is clearly theirs.
So apart from burning down their building what would be advised as a way to push for payment ?

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5 years 4 months ago #3186 by j.salmon@cpa.co.uk
Are you saying you can't find a solicitor that will help?

I would personally reccomend having a legal expert look at the contract to assess your position.

Without a solicitor, you would have to go it alone and you could find yourself in difficulty arguing over contractual terms.

You could write out letter, setting out the facts. Demonstrate that you had accepted the other position advertised through another agency and it just happened to be for a different position at the same company.

Tell them they are in breach of contract and that unless payment is released, you will have no option but to instigate legal proceeding for the outstanding payment, interest, compensation and any associated costs.

you could even issue proceedings through moneyclaim. But I would expect them to respond with at least a defence, and at worst a counterclaim.

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