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Let me see if I havethis right by giving an example.
The time periodsare immaterial but just for example.
The agreement canterminate ( or does it automatically terminate?) if you do not introducebusiness for say, six months.
Business takesnine months to process.
You submit yourlast bit of business and then nothing after for six months (at least)
The agreementtherefore terminates after six months, you want to know if you are still ableto get payment for the business you've submitted six months before which willcomplete in another three months, after the end of the termination period?
Is that it?
I assume thatthere is no issue over the termination period and that there is no mention asto whether rights and obligations continue beyond the termination period.Please confirm
How much £ is inissue?
Thank you for your reply. sorry for the delay is responding.
This is an introducers agreement relating to PPI claims.
It says that " . . .when the introducer has been inoperative for a six month period XXXX retains the right to terminate this agreement . . ."
And yes - that is it. Because some of these cases go to the ombudsman, for example and take a year to settle.
As this is a from of business with a limited time period however it is inevitable all introducers will become inactive as claimants dry up, which is what has happened to me. I still however have 205 PPI refund claims 'going through' their system.
There is no mention in this clause one way or the other as to whether payment rights continue, though in another clause, where payment rights do not continue when the agreement is terminated, it says so.
In this clause and others, though, it is silent in that regard.
If it is silent I am pleased to say that your rights to be paid remain intact.
Of course what you are entitled to and them coughing up is another issue!
Does that answerthe question.? Can I assist any further?
I am happy tofollow up any individual point you make
I am online andoff-line each day and most weekends.
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Thank you.This is such a good service!
I overlooked one aspect of your question back to me. About the value of my claim.
I had submitted 305 claims, after working 3 hours per day, five days per week for ten months, when my available clients dried up.
XXX have paid me on 33 (around £3,100) but not on a further 39 (£4,800) they had confirmed had been paid out - and have maintained silence about the other 270 - saying that the agreement is now terminated. They simply unplugged me from the online progress reporting system.
I am asking the court to award £4,800 for what they have declared but not paid, PLUS an order for disclosure, by XXXX to me, concerning a schedule of the cases they have failed to disclose information to me about, (which will either lead to another claim or they will disclose and pay, I hope - I estimate around £20,000 in all).
That promise to make information constantly avaible about progress and what i was earning is made in the prospectus - rather than in the agreement, but I am hoping it has weight even so?
Is a county court district judge able to make an order for disclosure?
Ah. I included a request for disclosure in my original claim (I am not sure what pre action means)
The hearing is due on 4th June.
Can I make a separate pre action application before then?
Or do I see how this goes and then make one as a new action if my evidence and there responses 'stack up'?
If you needinformation to assist your claim, you write to the defendant and say that ifyou do not let me have this documentation by ex-date, I will make anapplication to court for pre-action disclosure and costs. If they do not letyou have the documentation, you then make the application.
Once you have thedocuments, that is the documentation that you need in order to be able to putyour claim in as that will form part of your evidence.
For now, I wouldleave it as it is and see whether the judge will deal with it at the same timeor whether he wants a separate application.
You can ask thejudge for an order for specific disclosure of certain documents as part of theprocess if it transpires that they are required as the matter progresses.
Beware ofclaiming over £5000 because if you go to court and lose, they can get costsawarded against you that can be very expensive if they use solicitors
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