How to get paid for services supplied
tlkdirect started this topic @ 18:37 on 29/03/2011
Hi guys, i started a company back in November as a marketing agency who is hired by companies to source clients for them, Our first client was a claim managment company, I have been trying to get paid from them for over 3 months now and i am having no luck at all. Basically these are the terms of the agreement that they have failed to comply with:
1 During the period of this agreement the agent shall be paid commission of (as set out at 2.1) A)x% of the claim value + £x paid upfront for claim amounts <£2999.00. B) x% of the claim value + £x paid upfront for claim amounts = £3000.00 - £4999.00. C) x% of the claim value + £x paid upfront for claim amounts > £5000.00. This commission is to be paid as follows: Upfront payments 14 days after receiving case to verify amounts and balance within 7 days on the successful resolution of the case
2. The principle will provide to the agent with a monthly/weekly (whichever preferred) report and statement of commission due to him and no later that at the end of the month following the preceding period.
Now i have put clients into this company from the 24/11/2010 untill 13/12/2010 (untill i realized that something wasnt quite right)
The process for receiving payment as stated in the agreement is that the company would supply me with a report weekly or monthly (i chose weekly) and upon that report i would then invoice them for payment. The company have continually failed to send me a report which i have requested on more than 10 seperate occassions unfortunatly this means that i cannot invoice them as i have no definitive ammount to invoice them for. I cannot take the matter to small claims as again i have no definitive ammount to claim from the company, the solicitor i have been using has now suggested that we go for a pre-action disclosure of the documents needed to start a court claim however because of the way the company has been with us and the non payment has had a dramatic affect on my company leaving me in a severe financial situation.
Im just looking for any advice on my legal position so that i may continue to and sort this matter out as cheaply as possible
Kind regards
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RE: How to get paid for services supplied
thewebguy | 09/04/2011 03:09 AM
Are you in England or Scotland?
The small claims procedure in scotland is designed to be as accessible as possible without the assistance of a solicitor - I would put together a sensible list of damages as a result of breach of contract and see how you get on.
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