Unless it’s an umbrella scheme 'limited ’ …
Time for a DS01?
JKaur:
However, surely companies or agencies before hiring ltd drivers have the obligation to clarify liability??
No, that is YOUR responsibility. Whether or not you’re liable depends entirely on what is in your terms of business you got them to sign when the agency became your client.
JKaur:
Unfortunately at the time of signing up with the agency I can’t remember if I signed a contract and if yes, I didn’t get a copy.
Surely you have a copy given you got them to sign a terms of business which you drafted which included who was liable for what so surely you know who is. Oh wait, you didn’t? Tough crap, bend over and make sure you’re well lubed.
yourhavingalarf:
Ask the agency…For a copy of the contract that you either did or didn’t sign.
If they fail to provide one, tell 'em to go bollox.
If none exist then the agency can say and claim what they want, they can take it to court and you’d have to prove that you weren’t liable for damage you did which is taken as a given that you are liable without a contract to the contrary. There is no statutory protections like you’d get as a PAYE employee.
Conor:
yourhavingalarf:
Ask the agency…For a copy of the contract that you either did or didn’t sign.
If they fail to provide one, tell 'em to go bollox.
If none exist then the agency can say and claim what they want, they can take it to court and you’d have to prove that you weren’t liable for damage you did which is taken as a given that you are liable without a contract to the contrary. There is no statutory protections like you’d get as a PAYE employee.
I suppose with him being limited, he could just walk away and start again with another limited company, or just go back to PAYE and leave the scum agency to pick up the bill.
Any liabilities fall to your Limited company. Simply cease trading under that company and start again. By the time the agency has prepared for legal proceedings, it’s too late. Simples!
mac12:
If you’re LTD what did your terms to the agency say?
Honestscott76:
Any liabilities fall to your Limited company. Simply cease trading under that company and start again. By the time the agency has prepared for legal proceedings, it’s too late. Simples!
Is that really an option? I’m scared to ask the agency for a copy of the terms, if any, in case they then do want to Bill me. I’d rather live with £450 less than possibly having to pay £3000…
Do you reckon it’s worth the risk? I did work hard for my money grrr
yourhavingalarf:
I suppose with him being limited, he could just walk away and start again with another limited company, or just go back to PAYE and leave the scum agency to pick up the bill.
Seems like the real deal. Is that common practice? I’m not keen on screwing anybody over but the agency has screwed two other people over one I personally know of and one a friends’ friend. 
Also if the agency did have evidence ie contract stating my liability surely they would have billed me long ago ? They wouldn’t have foot the bill to ‘spare’ me, would they? Are people still nice?
I don’t have a lot of experience, you guys might have experienced something similar…
How do you invoice the agency for your services?
Erm weekly via letter.
Still figuring out how this works grrr
So, did you tell them how much you charge, for what, and did they agree to that, or did they tell you how much they will pay?
JKaur:
Also if the agency did have evidence ie contract stating my liability surely they would have billed me long ago ?
Conor:
If none exist then the agency can say and claim what they want, they can take it to court and you’d have to prove that you weren’t liable for damage you did which is taken as a given that you are liable without a contract to the contrary. There is no statutory protections like you’d get as a PAYE employee.
Get it now.
the nodding donkey:
So, did you tell them how much you charge, for what, and did they agree to that, or did they tell you how much they will pay?
I normally charge them and they sometimes pay what has been charged and sometimes when there are discrepancies I’ll raise them. So I tell them, not the other way around.
the nodding donkey:
So, did you tell them how much you charge, for what, and did they agree to that, or did they tell you how much they will pay?
I’m sorry that’s a lie, they give me the rates for the jobs so I guess it is the other way around.
All I do is calculate how much they need to pay.
Sorry for the confusion.
Also there was no agreement at the start about this. It’s more a as you go along thing. So every job different rate set by agency.
I’m getting now how Ltd could have worked too.
So you are employed by the agency?
JKaur:
yourhavingalarf:
I suppose with him being limited, he could just walk away and start again with another limited company, or just go back to PAYE and leave the scum agency to pick up the bill.
The above is a misquote I didn’t say that…
Conor:
If none exist then the agency can say and claim what they want, they can take it to court and you’d have to prove that you weren’t liable for damage you did which is taken as a given that you are liable without a contract to the contrary. There is no statutory protections like you’d get as a PAYE employee.
I see…
What you’re saying Conor. Alternatively, with no written contract existing the OP could claim that the agency agreed to pay any damages. I also feel that if it went to court the judge would probably just tell the agency to stop being so ■■■■ greedy and cough up as it would with a PAYE driver. My experience with non-paying agencies in 3 seperate court appearances has always seen the judge berate the agency for wasting everyones time by even disputing the complaint.
Jkaur, if and when you sort this total car crash out. Promise me you’ll actually do some research into things BEFORE you stick your fingers into the bottom of the deluxe ‘extrachop’ food blender.
I apologise ‘yourhavingalarf’ see below for correct quote.
weeto:
I suppose with him being limited, he could just walk away and start again with another limited company, or just go back to PAYE and leave the scum agency to pick up the bill.
the nodding donkey:
So you are employed by the agency?
I was under the impression I was employed, too. But then again I don’t how much support I get from the law either now.