How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50748
Experience:  Qualified Solicitor
Type Your Law Question Here...
Ben Jones is online now

Several months ago l left a self employed commission only

This answer was rated:

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

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

Did your contract say anything about this?

Customer: replied 1 year 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

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.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Ben Jones and other Law Specialists are ready to help you