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Mgreen17

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  1. Thanks for the replies. I can of course see thats it would be legitimate to stop me soliciting their clients. I am NOT doing this. I ran one big account for old employer, but also 4 or 5 small ones on the side. I HAVE NOT contacted any of these people. Its the big account that left, and I have followed it. Regards "accepting orders" from old clients... This I guess is where I am in breech? My exact wording is "you may not for a period of 6 months after termination of employment solicit or accept orders from any of your associates held while working for the business". I do not know why it uses the term "associates" rather than clients / customers? I suspect they are trying to make the clause as broad as possible while keeping it enforceable. Its actually a re write anyway as the first version they had essentially said "we own your whole career if you ever decide to leave". They like to keep control!! ""Even if you were in breach of the clause, if the client was going to move anyway they would not get any compensation because they have suffered no loss...."" This is my thinking as well. Even if I was in breech - where is the loss to my old employer? The account has moved on. They would be suing me for the loss of £0. I have written back saying that I dont believe I am in breech of contract. That I think its "questionable" that the covenants are enforceable. And that the client moving had ZERO to do with me. Their letters are full of inference and circumstance but no evidence, and are carful not to actually accuse me of anything. I said, if you want to make an accusation please do so, and show me the evidence. Otherwise push off! Been rumbling on for months now, and while there is some background worry I am just getting on with it now really. I was very anxious at the start - but life goes on. Thanks again for the comments.
  2. Hello, I am an account manager. The account I run was recently lost by my employer. My employer said "there is not really a lot for you to do now" and " I dont want to pay you for doing nothing". So, obviously with a young family mortgage etc I am concerned for my livelihood. It turns out the client in question liked me, but not my bosses - so the client got the company who won the account to offer me a job. I accepted, on better pay I resign, get put on gardening leave, which I sit out. Start with new company, and get written too twice saying I am in breech of contract by working on the account. My convents say. I "may not accept or solicit orders from any of my associates for a period of 6 months". Now, I certainly have not solicited anyone. I have not contacted a sole outside the main account I am running (shame in a few cases as I was genuinely friendly with a few clients and I have just disappeared). As for accepting orders - I kind of am I suppose, but I would argue that the work has been placed with my new employer at senior level and I am merely facilitating the process of seeing orders through. My questions. . Is my covent "reasonable" and therefore enforceable? I cant see how they protecting a "legitimate business interest" by stopping me working on the account? . They have ben unable to find a signed copy of my contract - likely as I never signed it. Does this matter? . Are they just peed off and wanting to scare me? I can see how the circumstances might look fishy, and they prob suspect me of orchestrating the whole move - which is TOTALLY UNTRUE. (They have not accused me of this but I can tell they want to)... Any opinions well received. Kind Regards
  3. Hello, Can I just check something. I am about to send back my AQ to the court. Do i need to put anything in with it? I am under £1500 so will not include any fee. Also, if and when do I send in court bundle? If and when do i send anything to Lloyds Solicitors? Cheers!
  4. No, I seem to be at the same stage as the Great so theres no need. Just got to fill this court thing in now and then hopefully its not to long till I get the cash.
  5. Helllooooo, Update - I got a "notice of transfer of proccedings" today. The banks defence is very long. Are they issuing strandard defence to all claims? Its has 9 points in it and goes onto a third sheet at the back. Let me if you you have anything simalar?? Cheers Matt
  6. Hello again --- Just posted the below on the "how to deal with GOGW" thread. In case its of any help / intrest. I will keep an eye on how your case goes - good luck. Matt Hi, I may have missed something here but..... . Can I not just do nothing in regards Lloyds GOGW? Relying on the fact that they will back out before the court date and then just agree to knock £750 off the settlement they offer? . When I spoke to them on the phone I told them not to deposit the money in my account as I did not accept it as payment of any type - they said they would just do it anyway and 2 days later it was there. The way I see it after reading the letter 10 times is that this money is a GOGW - and not necessarily anything to do with the fact that I am claiming. On this basis I don’t understand why I need to adjust my MCOL?? . If I do have to adjust my claim can I not just knock £750 of the total I arrived at using the interest calc? . Finally if I am wrong about the above (and I take it there is a good chance of that!) am I making a big error and leaving myself open if I do not adjust my claim?? Cheers for any help – there are loads of people out there at a similar stage so I hope this is all of use to more people than me.
  7. Hi, I may have missed something here but..... . Can I not just do nothing in regards Lloyds GOGW? Relying on the fact that they will back out before the court date and then just agree to knock £750 off the settlement they offer? . When I spoke to them on the phone I told them not to deposit the money in my account as I did not accept it as payment of any type - they said they would just do it anyway and 2 days later it was there. The way I see it after reading the letter 10 times is that this money is a GOGW - and not necessarily anything to do with the fact that I am claiming. On this basis I don’t understand why I need to adjust my MCOL?? . If I do have to adjust my claim can I not just knock £750 of the total I arrived at using the interest calc? . Finally if I am wrong about the above (and I take it there is a good chance of that!) am I making a big error and leaving myself open if I do not adjust my claim?? Cheers for any help – there are loads of people out there at a similar stage so I hope this is all of use to more people than me.
  8. Hi the great, I recived the letter giving me £750 as well. I rang and said I want all my money which is around £1200. They said £750 was the max. I said well i dont accept this as payment for my claim then. They said that was a shame but they were going to deposit the money in my account anyway!? The court papers were served to them a few days ago so I think I will just leave it and see what happens... I have re-read the letter a few times and it makes no mention that this payment is to be make up part of my payout if I was to win in court? If I win could I get the whole lot and then technically keep the £750 anyway? Afterall, its just a gesture of goodwill from a bank to its customer......
  9. Hello, I am at a simalar stage to you. So, do i need to send all my statments off to court as above? I have added some on since my initial letter to the bank a month or so ago.... The address i used for Lloyds in my MCOL was 25 Gresham street London, did you use the same? The next choice I have is "judgement by defult" or "judgement by admision". Which one do i want.
  10. How did you get on with this??? I am about 6 weeks behind you.
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