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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 19563
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I am making an online money claim, in respect of non payment

Resolved Question:

I am making an online money claim, in respect of non payment of commissions under an introducers agreement. The introducers agreement is quite simple and straightforward, but I am unsure of one matter concerning a default position.

The agreement identifies commissions that will be paid by in respect of clients submitted by me.

My understanding of the situation has always been that, if ever I stop submitting clients for a period of six months, then, the agreement is said ‘to come to an end’.

What I have assumed, because sometimes client cases can take several months to process and commissions earned, is that the ending of the agreement after six months ends my ability to submit more business, under its terms – but that I would still be entitled to the commissions owed to me, that were submitted during the life of the agreement. I am now wondering if I am right to think that.

Thais understanding arises because sometimes the clients claim has to go to an ombudsman for final agreement, which inevitably takes a year, and so those cases would never be paid upon if my understanding was not correct.

Also, there is one situation that can arise, that described in the agreement, in which commissions definitely are not paid, which is clearly stated in the agreement, whereas in all other clauses s regards XXXXX XXXXX agreement is silent about payments after it ends.

What is the default position, where an agreement does not state it, as regards XXXXX XXXXX under the agreement for work carried out during the course of the agreement which inevitably can not fall due for payment until several weeks or sometimes months of years have elapsed after the agreements end?
Submitted: 1 year ago.
Category: UK Law
Expert:  Stuart J replied 1 year ago.




Let me see if I have
this right by giving an example.

The time periods
are immaterial but just for example.



The agreement can
terminate ( or does it automatically terminate?) if you do not introduce
business for say, six months.



Business takes
nine months to process.



You submit your
last bit of business and then nothing after for six months (at least)



The agreement
therefore terminates after six months, you want to know if you are still able
to get payment for the business you've submitted six months before which will
complete in another three months, after the end of the termination period?



Is that it?



I assume that
there is no issue over the termination period and that there is no mention as
to whether rights and obligations continue beyond the termination period.
Please confirm



How much £ is in
issue?



Customer: replied 1 year ago.

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.

Expert:  Stuart J replied 1 year ago.

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 answer
the question.? Can I assist any further?

I am happy to
follow up any individual point you make



I am online and
off-line each day and most weekends.



Please don't
forget to positively rate my answer service (even if it was not what you want
to hear). If you don't rate it positively, then the site keep your deposit and
I get 0 for my time. It is imperative that you give my answer a positive
rating. It doesn't give me "a pat on the head", "good boy" (like ebay), it is
my livelihood!

If in ratings you feel that you expected more or it only helped a little,
please ask. Thank you.





Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 19563
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and 4 other UK Law Specialists are ready to help you
Customer: replied 1 year ago.

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?

Expert:  Stuart J replied 1 year ago.
Disclosure order is made in CC but is separate pre action application
Customer: replied 1 year ago.

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'?

Expert:  Stuart J replied 1 year ago.




If you need
information to assist your claim, you write to the defendant and say that if
you do not let me have this documentation by ex-date, I will make an
application to court for pre-action disclosure and costs. If they do not let
you have the documentation, you then make the application.

Once you have the
documents, that is the documentation that you need in order to be able to put
your claim in as that will form part of your evidence.



For now, I would
leave it as it is and see whether the judge will deal with it at the same time
or whether he wants a separate application.



You can ask the
judge for an order for specific disclosure of certain documents as part of the
process if it transpires that they are required as the matter progresses.



Beware of
claiming over £5000 because if you go to court and lose, they can get costs
awarded against you that can be very expensive if they use solicitors



Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 19563
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and 4 other UK Law Specialists are ready to help you

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