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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47404
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I worked for a company and finished my self employment with

Resolved Question:

I worked for a company and finished my self employment with them in February . I signed there terms and conditions and now they are wanting 20k back for advances and cancellations they say I was paid on.
I only earned 8k 2013 2014 audited accounts so where do I stand.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Did the contract you have with them contain any terms in relation to claw back of cancellations/advances?

Customer: Yes forthwith repay the company any sum due from the agent to the company including without limitation any advances paid to the agent which exceed the amount due and payable to the agent as the date of termination
Ben Jones :

Have you been given details of these advances/cancellations and is it clear that you owe them these amounts?

Customer: Only the amount for the advances but specific for the commissions. All the money owing relates to my first self employment with them which finished in July and I did not work for them again till end of January 14fir a few weeks
Customer: I have not had a reply to my last question
Ben Jones :

I have not provided one yet

Ben Jones :

I am preparing my repsonse

Customer: Ok sorry I didn't understand stepping out
Ben Jones :

Just to check did you only earn 8k with them throughout the whole employment, in both periods you were employed by them?

Customer: No that was for last year part for them April to July 14 the rest was for a company I worked for in between
Ben Jones :

ok so are they trying to claw back more than you were paid?

Customer: No I worked for them for 4 years and was paid a lot more over the years
Ben Jones :

This is very much a contractual matter, which would depend on the terms and conditions which were agreed between you and the company. Clawback provisions can be perfectly legal as long as they are specifically included in the terms and conditions of the agreement between you and the employer. All they can do is claw back commissions that have been paid to you for work which was later cancelled, or if the specific conditions have not been met in relation to these transactions – whatever they want to do now must be clearly stated in the contract. They cannot penalise you but they can recover money that was paid to you that is covered under the clawback provisions. Of course before they are able to recover anything they would need to show that there were specific terms covering the provisions to claw back any money already paid and that the conditions which would trigger these clawback clauses had been satisfied. After that they may make demands for the repayment but unless they take you to court and win you cannot be forced to pay anything. They could make threats/demands but that does not mean that they would pursue this in court – it is of course possible but not guaranteed. So it is up to you whether to try and agree to repay something, be it just part of this so they can at least leave you alone, or ignore their requests and see where they take it. If a claim is made then you can reconsider your options and whether to contact them to discuss repayment or just go ahead and defend the claim.

Customer: Ok so if they did take me to court and I agreed a settlement plan would that put a ccj against my name until I paid the whole amount
Ben Jones :

No a CCJ would only appear against your name if they win and the court issues a judgment requiring you to pay and you then fail to do so

Customer: Would a settlement plan before court be a better idea
Ben Jones :

that could certainly be an option, assuming they agree to it

Customer: In there letter they said. They would pass the matter to professional debt collecting agency can they do that with out court action
Ben Jones :

yes but the debt collection agency cannot do much apart from threaten you and ask you to pay - they cannot force you without there being a court judgment in their favour

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Customer:

ok thankyou

Ben Jones :

you are welcome

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