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How to request disclosure of commission owed?

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  • How to request disclosure of commission owed?

    Hi, I have a bit of a strange situation.

    I worked for a Loss Assessor as a sales consultant (not employed, but under a consultancy agreement).

    Prior to joining, I specifically requested that the agreement be changed to allow for commission to be paid to be for claims that I signed up even after I left. They initially weren't happy to do this, but I explained that if my work was to sign up clients, then it shouldn't matter to me that the funds from the settlement of the claim don't come in for several months or even a year after I've left - if I've signed them up, I'm due the commission. They eventually agreed and prior to starting the contract was amended to reflect this.

    Fast forward around a year later and I've since left and am no being updated as to the progress of the claims I signed up. I'm therefore unable to see how much I am owed. The amount owed will continue to vary as and when claims get paid. However, they're not providing any updates now that I've left.

    I was told (not in the contract, but via email) that their head of sales would check the status of the claims I've signed up monthly. I heard nothing for a few months, I email him and was ignored for about about another month. I emailed on of the Directors who said they'd get it sorted. I then get a payment for about £60 with not enough details to know which claim it relates to, not any update on the other claims.

    I'm sure this is a tactic to frustrate and make me just give up. But the commission should be worth several thousand pounds and I'm struggling to work out how to get the info I need. Do I need to get some sort of injunction to compel them to give me the info I need?

    I really don't want to spent too much time and money on just getting them to give me monthly updates, or have to do it every month as the claims progress and commission change accordingly.

    Please can someone let me know what the next step should be?

    Thank you in advance for taking the time to read this and any responses will be gratefully received.

    Tags: None

  • #2
    What information were you given while employed by this company?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Originally posted by atticus View Post
      What information were you given while employed by this company?
      I'd be sent a monthly summary of the commission I should invoice them for.

      Comment


      • #4
        Keep requesting this.

        When you judge the time to be right, write a clear and firm letter saying that unless they provide full and clear information and pay you whatever is due, you will take them to court for full disclosure and payment of the sums found due to you.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Originally posted by atticus View Post
          Keep requesting this.

          When you judge the time to be right, write a clear and firm letter saying that unless they provide full and clear information and pay you whatever is due, you will take them to court for full disclosure and payment of the sums found due to you.
          The time is definitely right as they're clearly not playing ball. I have a feeling they'll just ignore the letter and I have emails already showing I've asked for updates. Am I able to take them straight to court so they know I'm not playing around?

          Comment


          • #6
            You are able to do that if you wish.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #7
              Originally posted by atticus View Post
              You are able to do that if you wish.
              Do I do it for disclosure then? As I don't know the amount I need to claim due to their non-disclosure.

              Comment


              • #8
                As I said:
                Originally posted by atticus View Post
                ... you will take them to court for full disclosure and payment of the sums found due to you.
                The court action would in the first instance be for an account. See Practice Direction 40A.
                Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                Comment


                • #9
                  Hi, sorry to keep reviving this thread. I just had a quick look at the pre action protocol 'sticky' thread which says it doesn't apply for business to business.


                  From https://legalbeagles.info/forums/for...tion-protocols
                  1 INTRODUCTION

                  1.1 This Protocol applies to any business (including sole traders and public bodies) claiming payment of a debt from an individual (including a sole trader). The business will be referred to as the “creditor” and the individual will be referred to as the “debtor”. This Protocol does not apply to business-to-business debts unless the debtor is a sole trader.


                  We are both Ltd companies. Does this make any difference?

                  Also, is there a specific format/letter template to request documents, or just a clearly worded letter? I don't want to end up in court having messed up on a technicality.

                  Thanks again for all your help.
                  Last edited by Sarg; 16th October 2023, 22:56:PM.

                  Comment


                  • #10
                    If both are limited companies neither is an individual.

                    You should read the Practice Direction on pre-action conduct: https://www.justice.gov.uk/courts/pr...action_conduct
                    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                    Comment

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