**WON** Cheated consumer

[EXC]

Re: Cheated consumer

Claim - work in progress. How's this [MENTION=6]Amethyst[/MENTION] ?

The Claimant claims the outstanding sum of £1886.23 in unpaid commissions.
On [xxx date] the Claimant entered into an afilliate sales agreement with the Defendant.
The Claimant's sales accrued total commissions to the value of £2500 on [xxx date]
The Defendant breached the contract by subsequently refusing to pay the commissions due, citing reasons not provided for in the contract.
On 6 June the Claimant sent the Defendant a Letter Before Claim.
On 14 June the Defendant agreed in writing to pay the commission due in full within 7 days
On 22 June the Defendant paid the Claimant £613.77.

[Amethyst]

Re: Cheated consumer

Have we worked out how the £613.77 has been calculated? ( I mean why that amount )

[EXC]

Re: Cheated consumer

Have we worked out how the £613.77 has been calculated? ( I mean why that amount )

That's the postage amount he paid (on behalf of the clients) but she wasn't asking for that back. She just wanted the £2.5k commssion. They refused but refunded the postage amount which leaves balance of £1886.23 on the commission amount.

[Amethyst]

Re: Cheated consumer

Ahhhh yes. 123 x 4.99. Sorry xx

Due to you buying all the books on your own card and then changing the names we will be refunding you the funds that you used to buy all the books in due course. This will take a while to process due to the sheer volume of payments we need to refund.

Which was replied to saying close but no cigar.

Then they sent

I've got their response today and they've advised they'll refund the bonus. .

Just checking I had my recollection correct, will dig out the actual wording.

I think we should put the terms of agreement within the POC ( and double check all the numbers add up) - primarily because there is nothing in writing other than the 'offer email', which was accepted by the opening of the affiliate account and the commencement of sale of books. (sorry have forgotten the name of the book) - and if I received this as a claim my first response would be 'show me the agreement'. Putting it in now they can say ' no we never said we'd pay £25 per sale' and we can go ' oh yes you did '.... etc.

The Claimant claims the outstanding sum of £1886.23 in unpaid commissions.
On [xxx date] the Claimant entered into an affiliate sales agreement with the Defendant.
The agreement was that for each sale of the Defendant's book " live long and prosper" made by the Claimant, she would be paid commission of £20.
The Claimant sold a total of 123 ? books.
The Claimant's sales accrued total commissions to the value of £2460on [xxx date]
The Defendant breached the contract by subsequently refusing to pay the commissions due, citing reasons not provided for in the contract.
On 6 June the Claimant sent the Defendant a Letter Before Claim.
On 14 June the Defendant agreed in writing to pay the commission due in full within 7 days
On 22 June the Defendant paid the Claimant £613.77.
The Claimant has asked the Defendant to make the remainder of the payment as agreed, however he has failed to do so.

[EXC]

Re: Cheated consumer

Good, thanks.

which letter is that

This. The only thing is it quotes £2460 for some reason and it should be £2500.

I would like to start my response by stating that us here at Jet Set Speaker are truly shocked and saddened by the fact you are willing to pursue this in court. You have blatantly gone against our good will gesture of offering you a chance to earn back some of the money you paid to come on the PSU, by purchasing £2460 of commissions on your own card. The chance to earn back the money you paid is truly a unique one as there are no other companies in the UK offering this to my knowledge.

We have reached the decision that we will pay you the commissions. This is due to us, as a small company, cannot take the risk of going to court and then losing, although we think that your story would not hold up in court.

We are also still offering you the chance to come on the course as we know that it will have a major impact on your presentation skills and the way your business grows.

You can expect the payment to reach your account within the next 7 days given that you provide bank details for us to transfer the money.

We expect to see you at the Public Speakers University on the 30^th June-3^rd July.

Regards,

[Amethyst]

Re: Cheated consumer

ummm I'm not great at Math's but if they were refunding 123 postage amounts that equates to 123 books - which actually equates to £2460 ? although being fair quite a few are repeat purchases I think will need to be conceeded.

But yes that is quite clear

We have reached the decision that we will pay you the commissions.

Did you go on the course [MENTION=85455]Omolayo[/MENTION] ?

We expect to see you at the Public Speakers University on the 30th June-3rd July.

[EXC]

Re: Cheated consumer

ummm I'm not great at Math's but if they were refunding 123 postage amounts that equates to 123 books - which actually equates to £2460 ? although being fair quite a few are repeat purchases I think will need to be conceeded.

But yes that is quite clear


Did you go on the course @Omolayo ?

I don't think that the anomoly with the postage amount or the £2460 is relevant TBH. All that counts is she was owed £2.5K, they gave her £613.77 which leaves a balance of £1886.23 to claim. Any anomolies can go in the WS if it gets that far.

It was defo £2.5K:

AFFILIATE TOTALS AS OF 22/5/2016

Total Commissions Earned: £2,500.00

Total Clawbacks: £0.00

Total Payments: £0.00

Referral Partner Balance: £2,500.00

[EXC]

Re: Cheated consumer

Did you go on the course @Omolayo ?

No she didn't.

[Amethyst]

Re: Cheated consumer

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

[Amethyst]

Re: Cheated consumer

The Claimant claims the outstanding sum of £1886.23 in unpaid commissions.
On [xxx date] the Claimant entered into an affiliate sales agreement with the Defendant.
The agreement was that for each sale of the Defendant's book " live long and prosper" made by the Claimant, she would be paid commission of £20.
The Claimant's sales accrued total commissions to the value of £2500 by the 22/5/2016
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.
On 14 June the Defendant agreed in writing to pay the commission due in full within 7 days.
On 22 June the Defendant paid the Claimant £613.77.
The Claimant has asked the Defendant to make the remainder of the payment as agreed, however he has failed to do so.
.......................
then the interest paragraph ( calc from date of claim as there wasn't a specific 'pay by' date ??)

[EXC]

Re: Cheated consumer

Ok thanks me dear.

then the interest paragraph ( calc from date of claim as there wasn't a specific 'pay by' date ??)

Yes we should state a date, so how about the 22 May as in para 4?

[Amethyst]

Re: Cheated consumer

Dunno - there's no terms on when the commission actually would be paid is there ? but yes that's as good a date as any, they can always argue against it. ( Just don't ask me to do the maths !)

[Omolayo]

Re: Cheated consumer

ummm I'm not great at Math's but if they were refunding 123 postage amounts that equates to 123 books - which actually equates to £2460 ? although being fair quite a few are repeat purchases I think will need to be conceeded.

But yes that is quite clear


Did you go on the course @Omolayo ?

No I did not.

[EXC]

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.

The Claimant claims the outstanding sum of £1886.23 in unpaid commissions.
On [xxx date] the Claimant entered into an affiliate sales agreement with the Defendant.
The agreement was that for each sale of the Defendant's book " live long and prosper" made by the Claimant, she would be paid commission of £20.
The Claimant's sales accrued total commissions to the value of £2500 by the 22/5/2016
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.
On 14 June the Defendant agreed in writing to pay the commission due in full within 7 days.
On 22 June the Defendant paid the Claimant £613.77.
The Claimant has asked the Defendant to make the remainder of the payment as agreed, however he has failed to do so.
The Claimant therefore claims the outstanding sum of £1886.23 plus 8% statutory interest from 22 May.

[Omolayo]

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 think the date I entered in an affiliate sales agreement will be 03/04/16 i.e. when I filled the form for the course

The claimant's sales accrued total commissions to value of £2500 is the last day I entered the final transaction on the affiliate system around 19 May. I've just logged in to the affiliate account and the amount is now showing £1,520 instead of £2,500.