Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Just to be clear what do you specifically want to know - how to take the matter further if you were to take formal action against them?
My question is ...What action given the above short summary of my case should I pursue.
I do mean legally since I have copious emails chasing this matter up with their Group Credit Controller, who is at the mercy of the company's IT data software, which has not provided the information - hence I being asked by the company to provide the client / investment details, which I have done for 3 of the approx. 12 clients, which should then enable hem to locate the other 9. I believe they have done this, since they said they are checking with the investment providers i.e. that the investments contracts were taken up b the clients through me BEFORE I retired. Given this, I should then be paid according to my contract with the company.However, as already summarised the company has dragged its feet over all this, and had I not kept on chasing them up I doubt I would have ever been paid. I was founder practioner for the company 12 years ago and know them well. They are very tough and I had to defend myself - successfully - at mediation, though at great legal cost. However, I need to have this resolved NOW, since otherwise the company will play me along throughout my retirement years which I do not want to happen - hence my need to resolve this once and for all.
I hope this clarifies your question. Thank you. Mark 10.29 am 5-3-15
Hello Mark, whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
Thanks Ben. Given what you say, I can see I have given them enough notice, but I have not sent them a formal letter before action, which is what I could now do from what you say. I was thinking of hiring an investigator to check the company's clients/investment records on my behalf - and say this would be at their expense, since they have demonstrated they have been unable to resolve the issue without my help. Could I do this now or after sending a letter before action - or is the legal method better than trying to appoint an investigator. Could the company refuse me to send in an investigator?
There is nothing stopping you from hiring an investigator yourself to do this but you are unlikely to be able to charge the company for that – it is an unnecessary step from procedural point of view before you consider a claim and you cannot hold them responsible for these costs. Once you make the claim the other side will have to disclose all documents relevant to the claim anyway, whether they help their case or not so you should be able to see these details then and also ask for specific disclosure of documents or information you believe they hold but have not disclosed
Many thanks Ben I am now clear, and please take your fee. Much appreciated.
many thanks and all the best