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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3493
Experience:  Solicitors 2 years plus PQE
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i have a contract with a company where as we package a ppi

Customer Question

i have a contract with a company where as we package a ppi claim and they pay us a commission on successful claim, they have been paying is for 16 months, they have now stopped and although they still send us the commission details weekly they are not paying us. they then leased my call centre staff and did their own ppi cases and we received a commission for this work too. they have again stopped paying these and took my staff that were tuped to them to another part of their firm even though we have a 15 month contract. we are concerned that they masy be winding down the business and have told us to take them to court, we also think they are moving cases to another firm. can i get an injunction to assist me
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

Ben Jones :

Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know when the contract started and how long into it this occurred?

JACUSTOMER-q23ll3oy- :

1st contract for me sending PPi cases to HSFC Ltd was signed 14/12/12, THE 2ND CONTRACT FOR LEASING MY CALL CENTRE TO HSFC lTD WAS SIGNED 07/12/12.last payment we received was 28 06.13. there are 20 out standing invoices for commissions, 2 for services, and one for non payment of the upfront fee and 1 more for Vat so in total around £50k

JACUSTOMER-q23ll3oy- :

sorry first contract started 14.02.12

Ben Jones :

Many thanks for your patience. What kind of injunction do you actually want to get, what are you hoping to achieve here?

JACUSTOMER-q23ll3oy- : I believe that they may try and run Down this company and move mo ids owed away from it, it is a group of companies and I was looking for advise as to the best way to protect my debt.
Expert:  Alex J. replied 3 years ago.
Hi

Thank you for your question and welcome to Just Answer.

My colleague has asked me to look at this.

What was you commission arrangement with this company? Did you have a contract?

Your staff would form part of the good will of your business, did they pay you to purchase your staff?

How much are you owed?

Kind regards

AJ
Customer: replied 3 years ago.

hi we have 2 contracts, the 1st is for us simply supplying ppi cases to HSFC and we received a commission upfront and on a successful claim, this started in Feb 2012.


 


re the 2nd contract, this was to lease out the contact centre, they did not pay any upfront monies for the centre as it was to be a 5 year lease from us for all the assets and equipment. the staff were tuped across to their company but a claus in the contract states that at the end of the contract we have the right to TUPE back to us. the way they paid for leasing the contact centre was by means of a share in the commissions they received from their selling of ppi & Pensions. we have 2 contracts signed in full

Expert:  Alex J. replied 3 years ago.
Hi

Thank you.

What are the termination provisions for each contract and how much are you owed?

Is the lease being transferred to the new company as well?

Kind regards

AJ
Customer: replied 3 years ago.

the call centre lease still has 7 month left to run on it as it was a 5 yr contract with a 12 month break clause plus 3 months notice. the 1st contract has been cancelled but has a clause that states they continue to pay even when the contract is terminated.. the staff hjave now gone to another company within their group.

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

How much are you actually owed? Are you still providing referrals and services?

Kind regards

AJ
Customer: replied 3 years ago.
We are currently owed around £47000 and the commissions increase weekly as the cases are successful, we no lo her pro IDE referrals
Expert:  Alex J. replied 3 years ago.
Hi

Thank you.

When a case has been successful where is the money from that case paid to? Is it the company that is winding down that receives the money? Or is it being paid to new co to deliberately avoid paying you?

Kind regards

AJ

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