I want to sue a company for Professional Indemnity
- or -
Post a project like this£750(approx. $943)
- Posted:
- Proposals: 4
- Remote
- #1699328
- Expired
Description
Experience Level: Expert
Industry: Legal
Legal topic: Terms & Conditions
Description of legal work: In May 2017, I signed up to get legal HR support from a company who charge a monthly fee and give professional advice to support companies, particularly small businesses.
They provided me with incorrect information regarding apprentices, I was told that I could advertise and recruit my own apprentices and they could be paid the ANMW from when they started to work for the company even if a Tri Party agreement was not in place as long as I was actively looking for a course. This is how I structured my business model and it turns out after one of my employee's checked this with ACAS, this information was correct and now I must back pay the employee's for the monies owed.
I have also potentially lost a valued employee due to this error and I am not suffering financial loss as a company, through an error made by this company who I have been paying to give me professional advice.
I have evidence to back up everything I have to support my case and the claim amount I have totaled it to be is £15,000.
I want to make whoever takes on the case that this is a big company and I have signed a small contract and the clause about liability states what I have mentioned in the 'extra notes' section below...
This is the only term about liability they have, so I will need someone who knows commercial law and contracts to help me navigate through this as I want to sue for the maximum amount I can as this mistake, whilst I know not deliberate, has cost me financially and damaged my business's reputation and therefore, I want compensation because someone it's not okay to make a mistake, even if they didn't mean to do it and there have to be consequences.
Whilst I have put a fixed fee of £750, I am happy to add on a 20% bonus on everything collected on the net profits from the case after £15k, and 50% bonus on everything collected on the net profits from the case after £20k.
So you too could make a few thousand if we get the results I want from this...
I would appreciate it if someone with the correct experience and expertise can look at this and help me navigate through this to get what I feel I am entitled to so I can get on with growing my startup in the way I originally intended to with the correct compensation to help.
Extra notes: The term about liability states;
*Save always in respect of any liability with (company name) are not permitted to limit or exclude by operation of law, (company name) will not be liable to the Client for any loss of profits, revenue, anticipated savings, goodwill or any other indirect or consequential loss or special damage whatsoever, and in no event, shall (company name)'s direct liability to you exceed a sum equal to the charges paid by you in the 12 month period during which the relevant liability arises. The provisions of this clause 7 shall survive any expiry or earlier termination of the Contract for any reason.
(This is the only term regarding liability in the 14 terms in their terms of business, I will be happy to send over the full terms should you request...)
So I need someone to help me navigate that, AROUND the above clause.
They have made a huge error, it's cost my business and actually, it is not okay for them to do this when I have been paying for their professional services.
They require to do what they are doing with good judgement and skill, and this has not been shown so even though they don't accept liability with the wording above, I want someone who knows how to fight this to get me what I want.
The minimum claim for this needs to be £15,000 as that's what I have worked out my losses to be, and I want to try and get as much as I can from them suing for any contracts that are lost as a result of this mistake, which could be in the value of £50-100k once time has passed....
Legal topic: Terms & Conditions
Description of legal work: In May 2017, I signed up to get legal HR support from a company who charge a monthly fee and give professional advice to support companies, particularly small businesses.
They provided me with incorrect information regarding apprentices, I was told that I could advertise and recruit my own apprentices and they could be paid the ANMW from when they started to work for the company even if a Tri Party agreement was not in place as long as I was actively looking for a course. This is how I structured my business model and it turns out after one of my employee's checked this with ACAS, this information was correct and now I must back pay the employee's for the monies owed.
I have also potentially lost a valued employee due to this error and I am not suffering financial loss as a company, through an error made by this company who I have been paying to give me professional advice.
I have evidence to back up everything I have to support my case and the claim amount I have totaled it to be is £15,000.
I want to make whoever takes on the case that this is a big company and I have signed a small contract and the clause about liability states what I have mentioned in the 'extra notes' section below...
This is the only term about liability they have, so I will need someone who knows commercial law and contracts to help me navigate through this as I want to sue for the maximum amount I can as this mistake, whilst I know not deliberate, has cost me financially and damaged my business's reputation and therefore, I want compensation because someone it's not okay to make a mistake, even if they didn't mean to do it and there have to be consequences.
Whilst I have put a fixed fee of £750, I am happy to add on a 20% bonus on everything collected on the net profits from the case after £15k, and 50% bonus on everything collected on the net profits from the case after £20k.
So you too could make a few thousand if we get the results I want from this...
I would appreciate it if someone with the correct experience and expertise can look at this and help me navigate through this to get what I feel I am entitled to so I can get on with growing my startup in the way I originally intended to with the correct compensation to help.
Extra notes: The term about liability states;
*Save always in respect of any liability with (company name) are not permitted to limit or exclude by operation of law, (company name) will not be liable to the Client for any loss of profits, revenue, anticipated savings, goodwill or any other indirect or consequential loss or special damage whatsoever, and in no event, shall (company name)'s direct liability to you exceed a sum equal to the charges paid by you in the 12 month period during which the relevant liability arises. The provisions of this clause 7 shall survive any expiry or earlier termination of the Contract for any reason.
(This is the only term regarding liability in the 14 terms in their terms of business, I will be happy to send over the full terms should you request...)
So I need someone to help me navigate that, AROUND the above clause.
They have made a huge error, it's cost my business and actually, it is not okay for them to do this when I have been paying for their professional services.
They require to do what they are doing with good judgement and skill, and this has not been shown so even though they don't accept liability with the wording above, I want someone who knows how to fight this to get me what I want.
The minimum claim for this needs to be £15,000 as that's what I have worked out my losses to be, and I want to try and get as much as I can from them suing for any contracts that are lost as a result of this mistake, which could be in the value of £50-100k once time has passed....
James G.
100% (1)Projects Completed
2
Freelancers worked with
2
Projects awarded
10%
Last project
3 Sep 2017
United Kingdom
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Hi, James. Do have any documents like a contract agreement signed with the company which you can share with me? l can use that to your advantage. Kindly, contact me for more details
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