Company not paying out

premiumz

Hello,

I will keep this short and to the point.
I have a website.
On that website I have slots for companies to advertise on.
I have been using this particular company for about 4 months now.
They are meant to pay every two months but are yet to pay out.

They are crap at replying to emails as well and it seems other people have been stung by them in the past when looking on Google.

There would be no reason as to why they would not pay, it appears they would rather have it all to themselves.

My question.

How do I go about legally demanding and obtaining the money they owe me without it costing me more money?

They owe me £££££. So a fair amount that I wont just walk away from.

Many thanks

w00519772

What does your contract with them say?

premiumz

It pretty much just mentions the percentage split between what they make from the advertisements and what we make. After two months they will payout your percentage and if there is any issues they would let you know in advance. Well they have been happy to let the advertisements continue so I assume there is no issue. They are just being greedy and don't want to hand it over.

There has been quite a few others saying the same thing online as well. Shame it has come to this because they are actually quite good but that means nothing if they don't intend to payout.

w00519772

It may be worth talking to the Citizens Advice Bureau: https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/

premiumz

The company is overseas as well so will the above link work the same way? I noticed it says this advice applies to England

premiumz

Anyone have any advice on this please?

booksurr

premiumz wrote: »

I will keep this short and to the point.

I have a documented (?) contract with an overseas resident company who is refusing to pay....

ANSWER:
you sue them in their country of residence .... good luck with finding legal representation for your case which will not cost more than the debt owed.

alternatively, assuming your contract stipulates it is subject to English law, you sue them in a UK court - good luck with enforcing the judgement and collecting the money against an overseas company....

premiumz

booksurr wrote: »

I have a documented (?) contract with an overseas resident company who is refusing to pay....

ANSWER:
you sue them in their country of residence .... good luck with finding legal representation for your case which will not cost more than the debt owed.

alternatively, assuming your contract stipulates it is subject to English law, you sue them in a UK court - good luck with enforcing the judgement and collecting the money against an overseas company....

I am assuming by your tone you are being sarcastic and suggesting I just walk away from it?

robatwork

I think he's saying you have little chance of success.

If it's £100 or £1,000 forget it.
If it's £50,000 then worthwhile looking for a lawyer in that country.

booksurr

premiumz wrote: »

I am assuming by your tone you are being sarcastic and suggesting I just walk away from it?

i am answering your question since you bumped it and no one else had at that point done so. I am merely pointing out the processes you will need to follow if you want to get anywhere

if you choose to think that is sarcastic then reality check: you will not win unless you go legal, but winning in court is not the same as getting the judgement paid.... if you think that is sarcasm then think of some alternative process yourself.

as your debt is a business debt the CAB will not help you as they only support consumer cases, not business cases

paddyrg

premiumz wrote: »

I am assuming by your tone you are being sarcastic and suggesting I just walk away from it?

Didn't strike me as sarcastic, but yes, walking away is probably your cheapest option. Some other countries business practices are (to be blunt) dishonourable, and getting one over on the other guy is seen as "good business". You don't mention the country or even region, but I can think of a couple of cultures where that's the normal. If it's one of those cultures, this is the first step of a huge uphill battle. Even getting flights to wherever and staying in a hotel whilst looking for a lawyer will add up.

I've been stitched up by dirty practice, once for £7k, once for closer to £30k (although I managed to offset £15k of stuff, and thanks to swift action I'm not out the full figure from a company that owes hundreds of thousands). It really sucks. It means losing faith in people. It means being more selective whose business you'll accept on account, and who has to pay upfront. May I suggest you move to an upfront payment model? If a client doesn't want to do that, ask yourself why? At the very least use a reputable escrow company.