Winding up Order

[north.penny]

Hi... Is there anyone out there that can advise me on this situation?

My husband worked for a company as a self employed telesales rep, who worked soley on commission, he generated the lead, the sales person sold it he got paid on the generation and a percentage of the sale.

After 10 years of working along with the directors, they sacked him and took all his data as to protect themselves (fair enough, it is in the contract).

They said he had to wait 90 days to recieve outstanding monies including a pot of money called retention which is a %age of the money earned everyweek which is held back to cover their own issues such as a customer not paying!

The 90 days is up, they only want to pay him a portion of the amount becuase he went into business for himself in the same industry after they sacked him.

He is owed a little under £2k and has been advised to issue a winding up order to retrieve the monies owed??

Any advice on the process and if this is the best option to take, as it has gone on long enough and they are getting dirty!

Thanks guys

 

[Geoff T]

Hi -

Winding up order is a bad idea IMO... they should only be used for "clean debt" (which means undisputed debt)... if it's "getting dirty" as you say then you should go for a CCJ (County Court Judgement), cheaper in the first instance, and also gets to answer and clear away any counter-arguments/defences...

Besides - getting a CCJ is cheaper to start with...

 

[seanstevens]

^^ what Geoff said

 

[Geoff T]

^^ what Geoff said

Sean - question re the new link in your sig... are you a Flintstones fan by any chance?

 

[seanstevens]

Sean - question re the new link in your sig... are you a Flintstones fan by any chance?

no, I just let my 7 year old deal with the marketing

 

[LawHound]

North.Penny, what they can deduct from the payment is dependant on the contract, but a lot of these contracts actually show the relationship was not B2B but an employment contract. If your husband wants another opinion on the legality of what they are trying to do please send over to Info @lawhound.co.uk. Suggesting there may be a wider legal argument to be had often makes for a swifter payment to conclude things!