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  • FIRST POST
    Aymer
    Advice Required: Regarding not being paid.
    • #1
    • 27th Nov 12, 4:42 AM
    Advice Required: Regarding not being paid. 27th Nov 12 at 4:42 AM
    Hey All (sorry for the length of this message a brief summary is at the bottom of this message I know its super long lol),

    I know there is a lot to read here but I just want to ensure all the information is available so I can get a accurate answer.

    I have been doing some research, not much as I will do more tomorrow, regarding my current situation.

    I have been working for a company called Green Deal All Round, in a door to door role. I was enjoying it and promoted to a team leader within 3 days. I have trained many people for them, and tried to maintain my usual score of a minimum of 6 leads per day.

    The role was full time, and the basic pay was meant to be 200 a week or 40 a day. Ive worked their for 2.5 weeks and today was dismissed, which was apparently due to a problem with my leads.

    I have never made any leads up and have always given all their customers the pitch I was taught. One of the managers there (should) vouch that I worked hard and so on, however I have been recently informed she is a partner of the business, which may mean she will not be entirely honest.

    Anyways.. my main issue is they let me go today, which was a bit of a shock, but fine, it happens, however my MAIN issue is that they have not paid me, for the period I worked.

    According to my contract it says we will be paid 2 weeks in arrears, which to my understanding is fortnightly, this time frame, officially elapsed last Wednesday, although my manager told me I would be paid on Friday just gone. I did not receive my wage, and spoke to the manager who "deals" with the pay and he said I would receive it by the afternoon. This still did not happen, I worked from 1- 8:30pm so I did wait until 8pm to check my account.

    I then spoke to my line manager who was regularly out on the field with us, she told me to check on saturday, and if I do not receive it contact the other manager. He did not answer my call on saturday, or my text, and now ive been sacked. During this meeting with him told me there was a problem with my leads, most of which were people saying they are not interested, although my response to that is if they werent interested why would they give me there contact details and preferred time.

    One issue im having is that I never received my signed contract back, but he gave me a blank copy today, and he is saying the board are only going to pay me commission for any of my sales and not my basic pay. My contract does state they can do this effectively, however if this took affect anytime after my first payment, I would of kind of understood, but the fact they haven't paid me anything, at all makes me think this is a "breach of contract".

    There are a couple of others who have not been paid, that started when I did. Now I told him that I will not let this go as I am owed that basic salary, as I worked it, and he is going to speak to the "board" again (I am to call him on wednesday).

    Am I right in thinking that even with there declaration that if there is a certain problem with leads they will only pay me commission, can be partially ignored as they haven't paid me anything at all.

    Also another thing is he told me that none of my leads have generated, sales, yet he will pay me double the amount of commission for any of my other leads they will sell, which equated to 40.

    Now I know for a fact one of my leads sold, unfortunately our leads go to a different building to be called, apparently. Now if he is proclaiming that I had no sales from my leads and I know I have at minimum one (as my line manager during a conversation showed me, just so by the way one of my lead sheets with an appointment booked), means that I could have 50 appointments booked and they are saying none.

    To be honest I just wanted my wage, but I have a feeling this is going to have to be more, than what it needs to be. I really just want to know where I stand, or how I should go about taking action, if they don't resolve this.

    Another thing my contract stipulates, is about the amount of leads needing to be generated I know there were some days I didn't hit target, but due to my role changing ie needing to handle a team it was on occasions harder to get my quota, although to be fair it only happen 3 days out of 13, which isnt bad considering one of the days was due to my manager taking me to different offices and travelling for most of the day on a bus.

    So to summarise, my contract does state some conditions that can move me down to commission only, but not paying me even one days salary on pay day just makes me feel they had no intention to ever pay me, and not only that this "problem" with my leads only became a problem on the day I was due my pay.


    I appreciate any help, comments, advice. Even if you just tell me I am numpty and there is nothing I can do.

    Thanks in advanced
    Last edited by Aymer; 27-11-2012 at 5:03 AM. Reason: long message lol
Page 1
    • purplepardalis
    • By purplepardalis 27th Nov 12, 8:47 AM
    • 643 Posts
    • 968 Thanks
    purplepardalis
    • #2
    • 27th Nov 12, 8:47 AM
    • #2
    • 27th Nov 12, 8:47 AM
    Does your contract state you are employed or self employed?
  • Aymer
    • #3
    • 27th Nov 12, 2:27 PM
    • #3
    • 27th Nov 12, 2:27 PM
    I believe its self employed, as we are meant to pay the NI and Tax on our salary.
    • purplepardalis
    • By purplepardalis 27th Nov 12, 5:17 PM
    • 643 Posts
    • 968 Thanks
    purplepardalis
    • #4
    • 27th Nov 12, 5:17 PM
    • #4
    • 27th Nov 12, 5:17 PM
    Then I belive the only way to get your money would be to submit a claim.

    You can do this online - search for 'money claim online'

    There is an initial up front cost but if you win you get this back
  • Aymer
    • #5
    • 27th Nov 12, 6:57 PM
    • #5
    • 27th Nov 12, 6:57 PM
    Ok I will look into this further, my main concern is, I have no money to pay up front as this job involved transportation cost, and due to being told I will be paid on a certain date I only budgeted until then. However I will look into the above more and hopefully fingers crossed tomorrow they will just say we are going to pay you and let me be gone forever but I doubt this will happen. Cruel world.
    • keyser666
    • By keyser666 28th Nov 12, 12:00 AM
    • 2,045 Posts
    • 1,571 Thanks
    keyser666
    • #6
    • 28th Nov 12, 12:00 AM
    • #6
    • 28th Nov 12, 12:00 AM
    I have seen this many times and to be promoted to a TL within 3 days does not fill me with confidence, not saying you dont have the skillset. Think you will struggle to get the money from them to be honest as they will probably dissolve the company and start up again under a different name
    • keyser666
    • By keyser666 28th Nov 12, 12:08 AM
    • 2,045 Posts
    • 1,571 Thanks
    keyser666
    • #7
    • 28th Nov 12, 12:08 AM
    • #7
    • 28th Nov 12, 12:08 AM
    Looking a bit further they only registered their ltd company name in September this year and their website in October this year, and the registrant has a few failed business/phoenix from the flames ltd companies behind him.......... even more so does not fill me with too much confidence
  • Aymer
    • #8
    • 28th Nov 12, 4:03 PM
    • #8
    • 28th Nov 12, 4:03 PM
    I felt it was dodgy at first but i got along with one of the managers (field manager really well, and foolish thought that must be ok).

    Where did you find out about the failed business and so forth, many of my team are still there and know i am looking into this matter further.

    I was told to call today and did and was told it will definitely get an answer one way or another by tomorrow!! I know they only recruited 15 people on monday so I really don't know if I should start a claim now or I dont know. I have literally zero money, to start a claim, would i be able to do this with legal aid?
  • Aymer
    • #9
    • 28th Nov 12, 4:04 PM
    • #9
    • 28th Nov 12, 4:04 PM
    sorry i am ever soo rude, thank you all for the help on this matter.
    • DCFC79
    • By DCFC79 28th Nov 12, 4:24 PM
    • 34,017 Posts
    • 21,468 Thanks
    DCFC79

    Where did you find out about the failed business and so forth, many of my team are still there and know i am looking into this matter further.
    Originally posted by Aymer
    You can find out some info from companies house.

    Good luck with getting what your owed.
    Last edited by DCFC79; 28-11-2012 at 4:32 PM.
  • Aymer
    Thanks bud, since locating company house (when you said that, I gave a big ooooooh thats what they do lol)

    I am a tad sick at the amount of companies he has dissolved *7 out 9* and the fact that he tells us his name is chris rose, when its actually not and is Kyriacos C Pitsillos, which makes much more sense, as im half cypriot *where he is from* and never met a rose far too few letters.
  • Aymer
    I have another question, as he keeps saying he will speak to the board, even though, he is the registered director, of the company. Would he even have a board?
    • keyser666
    • By keyser666 28th Nov 12, 9:04 PM
    • 2,045 Posts
    • 1,571 Thanks
    keyser666
    I have another question, as he keeps saying he will speak to the board, even though, he is the registered director, of the company. Would he even have a board?
    Originally posted by Aymer
    Yes himself, you only need one person to be a director now
    • keyser666
    • By keyser666 28th Nov 12, 9:05 PM
    • 2,045 Posts
    • 1,571 Thanks
    keyser666
    What you need to do for the moment is listed above, you need to send a letter before action, I would give him 7 days
  • Aymer
    is it imperative that I send a letter before action? or can I take action without a letter.

    Ive been speaking to a few people and the exact same thing has happen and is happening to them. He is repeating what he says to us all.

    ill call a solicitor tomorrow and see what comes of it, but ill type out a letter to him also.

    Would an email be sufficient or does it have to be a letter?
    • keyser666
    • By keyser666 1st Dec 12, 1:22 AM
    • 2,045 Posts
    • 1,571 Thanks
    keyser666
    Yes you willed to send the letter before action, it follows the protocol and you need to give them an opportunity to resolve before court
  • Aymer
    ok thanks for your help. Ill get everyone who is affected to do so on monday.

    Would an email be sufficient? or is it best to send a letter recorded delivery?

    They have shared offices, so unsure what would be more appropriate.


    Thanks again for all your help, its much appreciated as a solicitor basically told me to go away which is crazy, if I was a solicitor or anything I would want to bring this organisation down forever!

    I guess that's just a dream aye, maybe the SUN would be useful lol they're like a modern day PRIVATE EYE
  • Sambucus Nigra
    I'm surprised that nobody has mentioned it - but if you are self employed then you need to invoice them before going down any solicitor/claim route. Then letter before action, then small claims.

    Have you got the contract in writing and some proof that you did the work [again, in writing]?
    If you haven't got it - please don't flaunt it. TIA.
    • Russe11
    • By Russe11 1st Dec 12, 6:54 AM
    • 1,162 Posts
    • 420 Thanks
    Russe11
    Why bother with any hassle, essentially you got scammed by a marketing company, they got you working for nothing and in a way you fell for it.

    These sort of jobs are ok if you can get the leads, but you can't trust anyone in this sort of organisation, you need to have full control of the leads you pass, know whether that have been converted and get paid on every one that does.

    The 200 a week was never ever going to be given to you, it was just a ruse to get you out there working, should you had of performed and created leads that sold then they would of paid you, because you didn't produce they have decided to get rid.

    They pay 2 weeks in arrears because by week two you will of either failed or created them some business.

    You don't have a signed contract so its all just a verbal agreement.

    The action i'd be taking if I was promised 200 a week as a basic is getting together with some mates getting down the office and kicking of till the cash was handed over...

    Any other way you will be throwing money at chasing somthing that will never materialise, you could make a county court claim but its highly unlikely you are going to be able to recover such a small sum.
    • terryw
    • By terryw 1st Dec 12, 7:08 AM
    • 3,823 Posts
    • 5,982 Thanks
    terryw
    If you really are intending to take this concern to court then have a read of this for the bones of a suitable "letter before action":
    http://www.which.co.uk/consumer-rights/making-a-complaint/taking-a-dispute-to-the-small-claims-court/sample-letter/
    "If you can bear to hear the truth you've spoken
    Twisted by knaves to make a trap for fools"
    Extract from "If" by Rudyard Kipling
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