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Hello forum, some advice please.
I have started an action against an agent I have worked through in the past. My claim is for non reimbursement of expenses which I incurred whilst under contract but they rejected my claim on the following grounds:
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In an email from your contact person it is clearly stated the agreed rate: €xx per day is all inclusive. Also in the subsequent signed Assignment Schedule dated xx the rate is stated as being: xx EUR Per Day Worked. As the rate is all inclusive you are therefore not entitled to any reimbursement of travel and accommodation from us.
As per Addendum A – General Terms and Conditions, we will reimburse incurred business expenses approved by Client xx
.
We shall not be responsible for reimbursement of any business expenses that the Client has not approved in advance. Addendum A – General terms and Conditions was acknowledged as received, reviewed and agreed with the Agreement for Supply of Services signed by both parties.
If you continue to pursue the claim we intend to vigorously defend this matter to a final hearing. We invite you to discontinue your claim against us now to avoid the parties incurring further time and significant legal costs in dealing with the claim.
If we are forced to continue to defend the claim we will be seeking legal assistance and recover the entire legal costs from you on the basis that your behaviour in continuing the claim was unreasonable after being served with our defence.
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My reply to this would be along these lines:
I agree with the above however in the signed agreement it contradicts/confuses the agreement as it states at the end:
Agreement Enclosures:
- Addendum A – General Terms and Conditions
- Addendum B – Country Specific Terms and Conditions
- Addendum C – Client Specific Conditions
In Addendum C it itemises the expenses I can claim for, which are:
4.0 Expenses
4.1 Contractor shall and shall procure that its Contractor shall follow the Client’s current business travel/expense policy, as updated from time to time Expenses for travel to places of assignment outside of Hamburg shall be reimbursed upon presentation of valid receipts. The following shall apply:
• Hotels shall be up to four-star
• Flights shall be economy class
• Rail travel shall be second class
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Alsobeing a small claims action, are they in their right to threaten me with recovering the entire legal costs from me.. on the basis that my behaviour in continuing the claim is unreasonable, or is this just a scare / bully tactic?
Claim amounts to £2400.
They are willing to try mediation.
Obviously I’m no expert hence my post but would very much like your opinions and advice please as to whether I have a claim and/or should I continue my claim against them.
Many thanks in advance
D
I have started an action against an agent I have worked through in the past. My claim is for non reimbursement of expenses which I incurred whilst under contract but they rejected my claim on the following grounds:
----
In an email from your contact person it is clearly stated the agreed rate: €xx per day is all inclusive. Also in the subsequent signed Assignment Schedule dated xx the rate is stated as being: xx EUR Per Day Worked. As the rate is all inclusive you are therefore not entitled to any reimbursement of travel and accommodation from us.
As per Addendum A – General Terms and Conditions, we will reimburse incurred business expenses approved by Client xx
.
We shall not be responsible for reimbursement of any business expenses that the Client has not approved in advance. Addendum A – General terms and Conditions was acknowledged as received, reviewed and agreed with the Agreement for Supply of Services signed by both parties.
If you continue to pursue the claim we intend to vigorously defend this matter to a final hearing. We invite you to discontinue your claim against us now to avoid the parties incurring further time and significant legal costs in dealing with the claim.
If we are forced to continue to defend the claim we will be seeking legal assistance and recover the entire legal costs from you on the basis that your behaviour in continuing the claim was unreasonable after being served with our defence.
----
My reply to this would be along these lines:
I agree with the above however in the signed agreement it contradicts/confuses the agreement as it states at the end:
Agreement Enclosures:
- Addendum A – General Terms and Conditions
- Addendum B – Country Specific Terms and Conditions
- Addendum C – Client Specific Conditions
In Addendum C it itemises the expenses I can claim for, which are:
4.0 Expenses
4.1 Contractor shall and shall procure that its Contractor shall follow the Client’s current business travel/expense policy, as updated from time to time Expenses for travel to places of assignment outside of Hamburg shall be reimbursed upon presentation of valid receipts. The following shall apply:
• Hotels shall be up to four-star
• Flights shall be economy class
• Rail travel shall be second class
----
Alsobeing a small claims action, are they in their right to threaten me with recovering the entire legal costs from me.. on the basis that my behaviour in continuing the claim is unreasonable, or is this just a scare / bully tactic?
Claim amounts to £2400.
They are willing to try mediation.
Obviously I’m no expert hence my post but would very much like your opinions and advice please as to whether I have a claim and/or should I continue my claim against them.
Many thanks in advance
D
