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I work(ed) as an agent for a Spanish clothing company.
This didn't go too well for various reasons, not least because the company was unhelpful and obstructive in their operations.
My contract was for them to provide me sample styles so that I could show potential customers who owned shops. The arrangement on the contract makes it clear that I will have free use of the samples and that delivery and return of them would be at the company's expense.
I have called off the arrangement as it was impossible to work with them. For example they say that they won't provide me any samples to show for 2017 but that they are also disappointed with the level of sales. I know......
These are really expensive couture designs too.
Anyway, I have been in contact with them to settle the outstanding commissions and they are telling me I must keep the samples I have and will allow a 15% discount on them. This is a change from a previous email which said the same thing but gave me an option to return the ones I didn't want to keep, and the remainder would be invoiced at a 30% discount..
All of this flies in the face of our contract though which states I have free use of them and they are then collected at their expense.
So I have had to agree but included a codicil that I reserve the right to take action for the discrepancy, just so I can at least get the lower commission balance this side of Xmas.
I expect to get that in the next couple of days but I am really peed off with them and want to explore how I can take action for the discrepancy of around €3000.
My contract states that the country of jurisdiction will be the UK courts under English law.
I'm certain that if I lay a claim in a UK court for the breach of contract amount it will go uncontested but what then? They won't pay up for certain.
I also see a potential of a EU court by way of an Enforcement Order, or by making a claim directly through the EU courts.
So, if I did do a claim in the UK, is there any disadvantage to it, or shall I say, is there a reasonable prospect of it being enforced in Spain and if so at what cost, especially since it would more than likely involve the Spanish equivalent of bailiffs
This didn't go too well for various reasons, not least because the company was unhelpful and obstructive in their operations.
My contract was for them to provide me sample styles so that I could show potential customers who owned shops. The arrangement on the contract makes it clear that I will have free use of the samples and that delivery and return of them would be at the company's expense.
I have called off the arrangement as it was impossible to work with them. For example they say that they won't provide me any samples to show for 2017 but that they are also disappointed with the level of sales. I know......
These are really expensive couture designs too.
Anyway, I have been in contact with them to settle the outstanding commissions and they are telling me I must keep the samples I have and will allow a 15% discount on them. This is a change from a previous email which said the same thing but gave me an option to return the ones I didn't want to keep, and the remainder would be invoiced at a 30% discount..
All of this flies in the face of our contract though which states I have free use of them and they are then collected at their expense.
So I have had to agree but included a codicil that I reserve the right to take action for the discrepancy, just so I can at least get the lower commission balance this side of Xmas.
I expect to get that in the next couple of days but I am really peed off with them and want to explore how I can take action for the discrepancy of around €3000.
My contract states that the country of jurisdiction will be the UK courts under English law.
I'm certain that if I lay a claim in a UK court for the breach of contract amount it will go uncontested but what then? They won't pay up for certain.
I also see a potential of a EU court by way of an Enforcement Order, or by making a claim directly through the EU courts.
So, if I did do a claim in the UK, is there any disadvantage to it, or shall I say, is there a reasonable prospect of it being enforced in Spain and if so at what cost, especially since it would more than likely involve the Spanish equivalent of bailiffs
