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salesman01 wrote: »
Hi CAB crew,
Firstly, I apologise in advance for what I do for a living, but it is purely as a stop gap until I get back into a career again (bills need paid). Also, when I started this job, we were there at the very beginning before it all blew up big time, so at the time people were very pleased to get help through me. But now folk can sort everything else for themselves I only do business with those too lazy to do it themselves, or have tried to do so and had no luck, so please.....don't shoot the messenger and help me get what I and my colleagues are due. My story.........
I work for a scottish company wholly owned by solicitors (but with a different, public name) who specialise in reclaiming payment protection insurance. I meet members of the public and sign them up for the service provided by our solicitors. They pay me a standard payment for each day I work plus a fixed commission for each individual loan, credit card, mortgage, etc, that we discover had PPI (either in their home via a home visit by one of our advisers, or after we carry out a Subject Access Request to the companies involved). My payslip states how many days I have been paid for that month plus how many individual 'leads' I have been paid the fixed commission on. I have my own database of all the people's details and financial products they have told me about - which I will destroy when my employment ends to ensure I satisfy data protection law.
My question is, as my pay is directly related to my commission, do I have a right to receive a print out of which client and product each individual commission relates to? Obviously one client can have 3 personal loans, 4 credit cards, 3 car finance, caravan finance, double glazing finance, 2 store cards and a catalogue, all of which may have had PPI, so the temptation for the solicitors might be to give me just one commission for that client as they know there is no transparency with the present situation. I can't help but feel I should have information that shows directly who each commission relates to, not least because my commission isn't a percentage of the profit rather it is a fixed pittance even if the loan is for £80,000. I do feel that the solicitors are treading a dangerous path if there is any impropriety on their part, as there would be a paper trail involved (from the details on my database>call logs within days from my office to my clients>paperwork signed by my client during the home visit or via the post>Subject Access Request Form from my solicitors to the financial companies>paperwork from financial companies to both the solicitors and the clients confirming the amount being returned>paperwork from solicitors to client detailing the cost of the legal services). The Data Protection Act would ensure that all computer hard drives - and data within - be kept for 6 years, so there is another aid to transparency.
My colleagues are also worried about the potential for our solicitors to use us to collect a vast database of profitable clients, only to reclaim a small percentage themseves, giving the rest to partnered solicitors elsewhere we do not know about, therefore the customer gets their money, our solicitors get their money, but we miss out on lots of our entitled commission. How could we prove if such a solicitor-solicitor relationship exists? Calling our clients to ask some questions would take forever, as would visiting them (we each have thousands of people on our database), and clients may not be willing to engage in assisting us through a belief they were overcharged by our solicitors, or they may not remember how many individual loans, credit cards, etc, they were paid out on. Contacting the financial companies would be a no-goer as we are not solicitors nor would we be willing to pay 10 pounds for a Subject Access Request (this isn't far off what our fixed commission is). It is bad enough that we don't get a fixed percentage commission like a proper salesperson gets, and that our fixed commission is tiny relative to the solicitors' profit, but we accept that they are the ones who went through university and also invested the capital required to set the company up, but what is unacceptable is for them to keep any commission due us.
Our manager used to come round up to about a year and a half ago and show us examples of commissions being paid for the previous month. This would show the name of the client, how many commissions we were being paid because of them, where we met them and when paperwork confirming PPI was seen, but it really was a case of my manager throwing his finger up and down a page for 2 seconds and then, wham, the folder was closed. We were never once given a copy of this paperwork despite many requests. Surely the fact he has shown us commissions paid means a precedent has been set and that he therefore has no reason to refuse to show and give us this information. Lastly, we were all promised that we would receive commission for any friends and relatives of our clients signed up by the company as a direct result of a home visit. How do we go about proving commission due on these people? Relatives living at the same address would be a lot easier to prove, but I guess proving a link to a friend would only be possible through calling each client individually - unless of course information on paperwork or computers in our head office helped, but I don't know the system works.
Please advise us on our rights, what we should do, and any legal recourse available to us. We are a mixture of PAYE and self-employed.
ps I love the work the CAB do.
anamenottaken wrote: »
Are you actually capable of doing the "merged" job?
Presumably the other person is a grade above you for a reason.
It's not so much the job (as in "my" job and "their job") as the work which the employer needs to have done which should be considered.
xylophone wrote: »
Are you still "working for the Government"? Is it "the Government" wanting the money?
You agree that you owe the money?
If the boot were on the other foot and you were owed the money, would you expect "the Government" to pay up? Would you be prepared to accept an offer of £5 a week?
If "the Government" hadn't paid up after four years might you also be expecting interest on the sum owed?
Better pay up?
Bamama wrote: »
this is a direct quote from *our* maternity policy:
"Public holidays during Maternity Leave
If you are receiving Enhanced Maternity Pay, payment for public holidays is included in your EMP and therefore you may neither take a day in lieu before you begin your paid maternity leave nor accrue a day to take later for a public holiday which may be ‘missed’ during your paid maternity leave.
If you are receiving Statutory Maternity Pay only, you may, when calculating the holiday which will accrue during your maternity leave period, include public holidays which fall within this period."
This isn't from my business but I was wondering if they were allowed to do this? My understanding is that you would lose any bank holidays during ML.
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