**WON** Cheated consumer

[Omolayo]

Re: Cheated consumer

Okay so they missed a couple off when doing the postage. Just checking everything in the POC can be evidenced directly.

Yes so 123books x £4.99 = 613.77

[EXC]

Re: Cheated consumer

In my last letter, I have taken off £1886.23 as Nick rightly pointed out the payment of £613.77 is for postage. Claim should be £2,500. I have the final version which I'll send.

I'm not clear what your saying here. You can't really ask for the commission AND the postage as the company were never liable for it, the customer was and you were in effect the customer.

[Omolayo]

Re: Cheated consumer

Ok Omolayo can you check it's correct and put the correct date in the red bit and it's good to go.

Apart from £1886.23 which I'll change to £2500 and the date to fill, should I then copy this to Money Claim Online section?

- - - Updated - - -

I'm not clear what your saying here. You can't really ask for the commission AND the postage as the company were never liable for it, the customer was and you were in effect the customer.

Ok. I'll stick with £1886.23, deducting the payment already made of £613.77

[EXC]

Re: Cheated consumer

Ok. I'll stick with £1886.23, deducting the payment already made of £613.77

I think that's best. I'm sure a court wouldn't agree to you having both the commission and postage.

Yes copy it to MCOL. The defendant will then have to acknowledge the claim and indicate whether they intend to settle or defend.

If they don't acknowledge the claim you can apply to the court for a defualt judgment which means you win and they have to pay.

If they decide to defend you'll have to file a witness statement which will include all the documents and correspondance.

But hopefully they will settle with you when they get the claim.

[Omolayo]

Re: Cheated consumer

I'm only allowed 1080 characters. I can only include up to below. Also, I've been asked for "date you are issuing the claim (dd/mm/yyyy)" but can I use 6 June when Letter Before Claim was sent? Is this ok?

The Claimant claims the outstanding sum of
£1886.23 in unpaid commissions. On 03/04/16,
the Claimant entered into an affiliate sales
agreement with the Defendant. The agreement
was that for each sale of the Defendant's
book 'Passion into Profit' made by the
Claimant, she would be paid commission of
£20. The Claimant's sales accrued total
commissions to the value of £2500 by
22/5/16.The Defendant breached the contract
by subsequently refusing to pay the
commissions due, citing reasons not provided
for in the agreement. On 6 June the Claimant
sent the Defendant a letter Before Claim.

Thanks very much.

[EXC]

Re: Cheated consumer

That's odd, when I put the whole thing (as posted in post #74) into Word it comes up at only 950 characters with spaces. What you've just posted that you can get on is just 575 characters with spaces.

Any clues [MENTION=6]Amethyst[/MENTION] ?

I think the ''date you are issuing the claim'' is whatever date you file it on MCOL.

[Amethyst]

Re: Cheated consumer

I get 575

It could be the interest paragraph taking it over

Try this... ( 433 characters)

The Claimant claims the outstanding sum of
£1886.23 in unpaid commissions. On 03/04/16,
the Claimant entered into an affiliate sales
agreement with the Defendant that for each sale of the
book 'Passion into Profit' made , she would be paid commission of
£20. The sales accrued total
commissions of £2500 by
22/5/16.The Defendant breached the contract
by refusing to pay the commissions due, citing reasons not provided
for in the agreement.



Issue date = todays date

[Omolayo]

Re: Cheated consumer

Hello,

A claim was issued on 11th July 2016. The defendant has until 30th July 2016 to reply. As of today, I haven't heard from Andy. Where there is no reply at all. I can ask the court to enter judgement. I intend to do this on Monday.

Please what if he ignores the court judgement, have I got any other option?

Thanks very much

[EXC]

Re: Cheated consumer

Ok but just to warn you the courts do often give defendents some leeway in responding to claims late, so it's possible that you could apply for the default judgment on Monday and the court would accept his response to the claim if it was received a few days after.

If you get a judgment entered against them and they don't pay you can apply for a Warrant of Control (which I think costs £70) which gives the company 14 days to make the payment including the warrant fee and if it's still not paid then enforcement agents will attend the business premises to obtain payment. This will incur further costs for them.

https://www.moneyclaimsuk.co.uk/warrant-of-control.aspx

Just checking, did you make the claim to the company (rather than to Andy himself)?

[Omolayo]

Re: Cheated consumer

I made the claim to his company (Jet Set Speaker Limited).

[Omolayo]

Re: Cheated consumer

Thank you so very much LegalBeagles for all your valuable help.

I got a cheque in post from Jet Set Speaker Limited (Andy's company) to settle the claim after a warrant was issued. Like Hetty Bower rightly said, “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.”

[Amethyst]

Re: Cheated consumer

Marvellous news. Well done

[EXC]

Re: Cheated consumer

Thank you so very much LegalBeagles for all your valuable help.

I got a cheque in post from Jet Set Speaker Limited (Andy's company) to settle the claim after a warrant was issued. Like Hetty Bower rightly said, “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.”

I missed this, well done !!!

[wales01man]

Re: **WON** Cheated consumer

Good result after your hard work

[Amethyst]

Nudge for further issue