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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48736
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Several months ago l left a self employed commission only

Resolved Question:

Several months ago l left a self employed commission only sales job today i have recieved a demand tgat i repay a sizable sum of money as a customer has supossedly cancelled a non cancelable agrreement where do i stand on this
Submitted: 6 months ago.
Category: Law
Expert:  Ben Jones replied 6 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 6 months ago.

Did your contract say anything about this?

Customer: replied 6 months ago.
I am unaware as a contract was signed nearly 5 years ago with the previous owner and changes have been made by th company ie rates of commission so don't know if it would still apply. Since sending original question have since received further email threatening me with court action and mention of other monies of other so called cancelled contracts and that they will be coming after me if I don't respond within 48 hours
Expert:  Ben Jones replied 6 months ago.

Ok thanks, ***** ***** here will depend on what the contract said. For example, the employer could have had a clause which said that commission can potentially be clawed back in the future in the event of cancellations. This is not uncommon and I have seen it in numerous contracts. However, there must have been a clause to that effect to allow them to pursue you now. If no such clause existed, then the commission would have been payable unconditionally at the time and cancellations in the future should not force you to repay anything. Whilst there is nothing stopping them from taking you to court over this, to be successful they would have to prove the above and without it the court is unlikely to rule in their favour. So in the first instance you should ask for copies of the contract which allow them to claw back commission for cancellations and if they can’t provide that, you need to advise them that their claim would be baseless and if they proceed with it you would be seeking costs against them for pursuing a claim without reasonable prospects of success.

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