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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      Hi, below is a draft of the letter Address: Hugo Martin Director of Legal and Company Secretary EVRi Parcelnet Ltd trading as Evri CAPITOL HOUSE, 1, CAPITOL CLOSE LEEDS LS27 0WH REQUEST OF CONTRACTS      Dear Sir/Madam, I am writing in regards to the ongoing small claims case ____. In your Defendant’s response you make reference to a pre-existing commercial agreement between yourselves and Packlink (2.7). In that, you claim to have a clause removing customers third party rights under the Contract (Rights of Third Parties) Act 1999. I would like to request a copy of this contract and confirmation of the date on which the exclusion of third party rights term was included in it. If you refuse to provide this then I will be henceforth referring to that refusal in the claim, including to the Judge. I also notice that you have destroyed tracking information due to "lapse of time" in line with your data protection policy (2.12). Can you share where this data protection policy is disclosed to customers? I also ask you to forward you a copy of that data protectiono policy, and again if you refuse to provide this then I will be henceforth referring to that refusal in the claim, including to the Judge. Kind regards,

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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Commission payments after i left the company

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habbers

habbers

Posted
Posted

Hi,

 

I was employed for four months by a company, i was on a basic salary plus commission.

 

I was sacked apparently due to poor performance (or my face not fitting) on the 22nd September 2009 having just completed my 3 month probation with flying colours. They are refusing to pay the comission for appointments I set whilst employed and for sales 21/08/2009-21/09/2009 as the conformation of the sales happened after i left due to a verifcation process by the company that takes some 2 weeks.

 

Is this legal or right

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Guest wino

Guest wino

Posted
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Hi habbers and welcome to cag:)

 

If you had a contract with them stating plus comission then yes you are entitled to it. Did you have a contract?

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teaboy2

teaboy2

Posted
Posted (edited)
Hi,

 

I was employed for four months by a company, i was on a basic salary plus commission.

 

I was sacked apparently due to poor performance (or my face not fitting) on the 22nd September 2009 having just completed my 3 month probation with flying colours. They are refusing to pay the comission for appointments I set whilst employed and for sales 21/08/2009-21/09/2009 as the conformation of the sales happened after i left due to a verifcation process by the company that takes some 2 weeks.

 

Is this legal or right

 

hard to say without seeing your contract. but basically if the terms were that youd be paid commisions for the previous months sale a month in arrears (end of current working month) then yes they will have to pay if the sale was agreed prior to you leaving (i.e between u and the customer). but u need to check your contract and see what it says in it.

 

infact i pay my employees commision 2 month in arrears on all sales this allows 30days for customers to pay in which commisions are paid from such customer payments at the end of the 2nd month (60 days in total) this in there contracts too. and if i were to dismiss an employee, which so far never had do or if one was to leave, id still be legally required to pay them commission on sales they had made 2 months after they left or before if agreed advance to them leaving.

Edited by teaboy2

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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habbers

habbers

Posted
  • Author
Posted
Hi habbers and welcome to cag:)

 

If you had a contract with them stating plus comission then yes you are entitled to it. Did you have a contract?

 

Hi and thanks for the response,

 

My contract states "The company operates a commission scheme, which is applicable to your employment."

 

Does this count?

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teaboy2

teaboy2

Posted
Posted

well to be honest its not very specific and could be interpetated as commission paid as part of the work you have done (i.e sales) or it can be implied that commissions are only paid whilst still in employment.

 

Does it mention anything else in company policy book or hand book you should have received with your contract, about how commission is paid?

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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BeauBrummie

BeauBrummie

Posted
Posted (edited)
Hi and thanks for the response,

 

My contract states "The company operates a commission scheme, which is applicable to your employment."

 

Does this count?

 

Rather an ambiguos statement and unclear as to your rights, you could argue your case ------but if it is not worth going to court over is it going to be worth it?

 

Strongly worded letter putting forward your belief that you are due the money would be a good place to start, giving them a 7 day time limit to respond with their reasons why they will not pay you.

 

Beau

Edited by BeauBrummie
Spelling !!

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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Guest wino

Guest wino

Posted
Posted
.

My contract states "The company operates a commission scheme, which is applicable to your employment."

 

.quote]

 

This is vague. You need to have a look at the companies commission

scheme.

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teaboy2

teaboy2

Posted
Posted
.

My contract states "The company operates a commission scheme, which is applicable to your employment."

 

.quote]

 

This is vague. You need to have a look at the companies commission

scheme.

 

Exactly the details of such scheme should be part of the company hand book.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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habbers

habbers

Posted
  • Author
Posted

Hi all and thanks for the replies.

 

I have put an email request to the operations manager for a copy of the commission details realting to my period of employment and any changes during the period.

 

Next step will then be a strongly worded '7 day' letter.

 

The comission is worth some 400.00, i worked hard for it and i want it!

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teaboy2

teaboy2

Posted
Posted

ok let us know what it says when u get it.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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