Unpaid Commission Recovery Steps

Summary

Verbal agreements in England can be binding but are harder to prove. Gather evidence like WhatsApp messages and witness statements. Consider sending a Letter Before Action detailing the agreement and amount owed, even if estimated. Mediation is a viable option to resolve disputes without court. If mediation fails, small claims court is an option.

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Ex employer owes me commission based on money I made him, its been years and he hasnt paid
Hi ****! It sounds frustrating to deal with unpaid commissions. To better assist you, could you let me know if you have any written agreement or contract regarding the commission with your ex-employer?
its verbal agreement
In England, verbal agreements can be legally binding, but they are often harder to prove. Here's what you can consider:
- Gather any evidence of the agreement, like emails or messages discussing the commission.
- Consider if there were any witnesses to the agreement.
- Assess the possibility of mediation or a small claims court.
Do you have any evidence that could support your verbal agreement?
I have whattsapp messages outlining the commission, there was also a witness
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Having WhatsApp messages and a witness strengthens your case for claiming unpaid commissions. You might consider the following steps:
- Compile all relevant messages and document your interactions.
- Contact the witness for a statement.
- Consider pursuing the matter in small claims court.
Would you like more information on how to proceed with a small claims court in England?
yes how do I proceed, do I send him a letter before action?
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Sending a "Letter Before Action" is a recommended first step before proceeding to small claims court. Here's what to include in your letter:
- Details of the agreement and amount owed.
- Copies of evidence, like WhatsApp messages.
- A deadline for payment (typically 14 days).
- Intent to pursue legal action if not resolved.
Would you like more guidance on drafting this letter?
So this is the natural next step? I've already given him deadlines that he agreed to uphold, but didnt, also I dont know the exact amount of commission he owes as it is based on profit I made for his company, and I dont think he's figured the amount out yet.
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Since you've already set deadlines and there's uncertainty about the commission amount, consider these steps:
- Clarify the Amount: Request a detailed account from your ex-employer on how the commission is calculated.
- Letter Before Action: Yes, it's the natural next step. Clearly state the expected amount, even if it's an estimate.
- Mediation: Consider mediation services to resolve the issue without court.
Would you like more guidance on drafting your letter or exploring mediation options?
yes explore mediation
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Exploring mediation could be a beneficial step to resolve your issue without going to court. Mediation involves a neutral third party to help both sides reach a mutually acceptable agreement. Here's what you can do:
- Contact a mediation service in your area.
- Present your evidence and discuss your position.
- Aim for a fair compromise.
Would you like assistance finding a mediation service near you?
yes
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If you wish to explore mediation services, consider looking for local options in your area or online platforms offering mediation services in England. They can provide guidance and facilitate discussions. Remember, mediation is a voluntary process, and both parties need to be willing to participate.
this is the email I am going to send him, what do you think:
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Your email is clear and provides a comprehensive guide for ****. It effectively outlines the steps he can take to pursue his unpaid commission, highlighting the importance of evidence and suggesting mediation as a viable option. It might be beneficial to add a friendly closing line, offering further assistance if needed.