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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3772
Experience:  Solicitors 2 years plus PQE
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I began work company as a commission only salesman selling

Resolved Question:

I began work for a company as a commission only salesman selling IT solutions. Last year I found and developed a sales lead which the company implemented. My commission should have been over £10,000 but I have never received any pay. We never produced written agreements on the basis of what commission I would get but it was clearly understood and agreed by the company Directors what I would receive in the event of a successful lead.
Do I have a strong case to sue for breach of contract?
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Do you have any emails where you discussed the terms of your commission before starting employment? Kind regards AJ

Customer: replied 1 year ago.
No unfortunately, we met socially and all of the details were verbal. I met all 3 Directors and had many other leads arranged but I have held back awaiting payment. There are social media and text messages that refer to payment being made and witnesses who were party to discussions about the terms.
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. Have you previously had any commissions paid? In short a contract does need to be in writing, if you agreed a commission and can prove you did the work then you have grounds to sue them to recover the money they owe if they do not pay you in breach of your agreement. Do you want to carry on working for them? Have you invoiced them for the commission?

Customer: replied 1 year ago.
Thats the answer I expected. I would carry on if I could get paid as it could be lucrative but obviously I wont work for free. No I haven't invoiced for the work, I have been receiving verbal and text messages advising payment would be made on a number of different dates none of which of course materialised. I may do so now you mention it. Do you think it likely a Solicitor would be interested in taking this on? If so, what potential up front costs would I be likely to incur?
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. If you send them an invoice at least this can be used as evidence of the monies being owed if you want to try and sue them. As the sum of money is £10k you could make this claim through the small claims court and could do it yourself to save cost

https://www.moneyclaim.gov.uk/web/mcol/welcome . In the small claims court the costs you can claim are fixed so if you used a solicitor you are unlikely to recover all the money spent on legal fees. I would bare in mind if you do sue them you are likely to ruin any future relationship

Expert:  Alex J. replied 1 year ago.

Can I assist you any further with this? I would be most grateful for any feedback in the mean time? Kind regards AJ

Customer: replied 1 year ago.
Thank you Alex, thats fine for now. If I have any further questions I will contact you
regards
Steve
Expert:  Alex J. replied 1 year ago.

No problem. I look forward to hearing from you. I would be most grateful if you would rate my answer in the mean time? Kind regards AJ

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