j
Junior Member
Posts: 51 
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Post by j on Mar 2, 2006 9:27:46 GMT 1
An x advisor who started up on his own was told court action would be taken against him.
After his solicitor went through his commissions and saw after he had fulfilled his part of the contract ie selling and fitting blinds and then have the commission removed, apparantly the company was in the wrong and never persued what they said they were going to do.
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Post by JoY on Mar 2, 2006 10:10:15 GMT 1
If these claw backs are in fact illegal, as Joy says, then why don't we all chip in for a solicitor to look at our case. All those aggrieved could pay a small amount in to the kitty, and then someone nominated could approach a lawyer on all our behalf. On the Scottish theme. Did you here about the Scotsman found dead on a "pay as you leave" ;D bus __________________________________________ OK...... who is brave enough to do it?? Any one of us...or better still ALL of us.... can make a claim through the "small claims court". Check out this site. www.moneyclaim.gov.ukwww.courtservice.gov.ukIt will cost an individual £80 (which you get back if you win) to make a claim from Hillarys for between £500 and £1000. I reckon I'm owed that much...so most of us probably are if you check back through your records. You can make the claim online..... so nice and easy.  Hillarys have to the either pay you the money within 2 weeks, or say they are going to defend the claim in court. If they do not reply..the courts will assume they are guilty and will automatically find in your favour.If they choose to go to court, you will have to produce proof that the company are clawing back money that you have earnt, and that they have no right to take back. This should be easy as our contracts state we will be paid on "sales achieved", and there are also laws for self employed people. I sincerely believe Hillarys have no grounds to defend their actions. Someone start the ball rolling, and then let's ALL DO IT. _________________________________________ I will do my bit by sending a copy of this to Hillarys....... |
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Post by dibsdobs on Mar 2, 2006 10:18:59 GMT 1
I have 3 ex- advisor's in my area, all trading happily.
Hillary's can't touch them, and even supply them blinds that they can then sell cheaper than us!
Most of the contract that we currently have regarding setting up on our own is totally unenforceable.
I have looked into this, as often thought I might take that route myself. I am also in contact with one of the X's.
However, after my last area meeting I really think by the end of the year, we will have an out-come on nearly all our concerns. It remains to be seen whether they will be positive in our favor.
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Bear
Full Member
Posts: 230
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Post by Bear on Mar 2, 2006 20:22:28 GMT 1
If these claw backs are in fact illegal, as Joy says, then why don't we all chip in for a solicitor to look at our case. All those aggrieved could pay a small amount in to the kitty, and then someone nominated could approach a lawyer on all our behalf. On the Scottish theme. Did you here about the Scotsman found dead on a "pay as you leave" ;D bus __________________________________________ OK...... who is brave enough to do it?? Any one of us...or better still ALL of us.... can make a claim through the "small claims court". Check out this site. www.moneyclaim.gov.ukwww.courtservice.gov.ukIt will cost an individual £80 (which you get back if you win) to make a claim from Hillarys for between £500 and £1000. I reckon I'm owed that much...so most of us probably are if you check back through your records. You can make the claim online..... so nice and easy. Hillarys have to the either pay you the money within 2 weeks, or say they are going to defend the claim in court. If they do not reply..the courts will assume they are guilty and will automatically find in your favour.If they choose to go to court, you will have to produce proof that the company are clawing back money that you have earnt, and that they have no right to take back. This should be easy as our contracts state we will be paid on "sales achieved", and there are also laws for self employed people. I sincerely believe Hillarys have no grounds to defend their actions. Someone start the ball rolling, and then let's ALL DO IT. _________________________________________ I will do my bit by sending a copy of this to Hillarys....... On the matter of County Court Judgements against Hillarys for commission "stolen" ( a sadly recurring theme on this site!) I have been told that an agent has already instigated action, THOUGH, he has left recently after over 9 years with Hillarys. He got a brief on his case ( former customer many times!) and when it came to his "Contract" it turned out he did not have one!!!! He had been an Albany Agent, then a "Wholesale Blinds" agent , and when those scams were wound up, he was told he was a Hillarys Agent with again a new Agency Name. BUT , He never got a contract. It was for earnings "Stolen" while he was a Hillarys Agent that the case in the Small Claims Court was about. Sadly for him, the brief advised that as he did not technically have a valid signed Agreement/Contract as a Hillarys Agent , then the likelyhood was that the Registrar ( "Judge" in a Small Claims Court) would bin the case. So he did not proceed, losing £790.00 to he Hillarys "Thieves"!!!! SO....If anyone has a valid Contract stating you are "paid commission on Sales Achieved" then go for it. I, like many others ( 62 , was the last figure I heard put on it, )do NOT actually have valid Hillary Agents Contracts as we speak....WHY, one wonders.... Bear ( the one who knows!) |
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Post by brazil on Mar 2, 2006 21:26:57 GMT 1
OK go for it. Hillarys may just pay. What a victory. Then suddenly all of your leads dry up. They will not terminate you, they will just starve you to death. And before you ask I have been in direct sales for 24 years. With Hillarys for seven.
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Post by brazil on Mar 2, 2006 22:21:35 GMT 1
After 7 years with Hillarys I attended the most positive meeting so far. John Risman was there and gave us some very good feedback about the Advisor Forums. At last these people are listening to us. 'Spin & Gloss' out, 'Us & Them' out. Hillarys management actually talking to the people holding the sh***y end of the stick is the best thing to happen to us all. I would like to think that I played my small part in this by being the founder and owner of the original Yahoo agents group which inspired some members to go on and found this forum.  Regards Brazil- AKA,' Albanywigan' |
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Bear
Full Member
Posts: 230
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Post by Bear on Mar 2, 2006 22:26:40 GMT 1
After 7 years with Hillarys I attended the most positive meeting so far. John Risman was there and gave us some very good feedback about the Advisor Forums. At last these people are listening to us. 'Spin & Gloss' out, 'Us & Them' out. Hillarys management actually talking to the people holding the sh***y end of the stick is the best thing to happen to us all. I would like to think that I played my small part in this by being the founder and owner of the original Yahoo agents group which inspired some members to go on and found this forum. Regards Brazil- AKA,' Albanywigan' Nice to hear, Brazil, I hope you are right. Spinning a line about there being "No more spinning a line" is a bit Alistair Campbell-ish to me!!! They can prove they are going the right way by actions, not words. Paying us all the stolen commission over the Christmas Period would be a good start..... But that would cost them.... And they don't do things that cost them... So what will they do?... Bu***r all is my guess?? Whats yours, our meeting next week>.... Bear |
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Post by brazil on Mar 4, 2006 18:31:49 GMT 1
Time will tell Bear, time will tell!
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Post by phugly on Mar 10, 2006 21:05:43 GMT 1
After 7 years with Hillarys I attended the most positive meeting so far. John Risman was there and gave us some very good feedback about the Advisor Forums. At last these people are listening to us. 'Spin & Gloss' out, 'Us & Them' out. Hillarys management actually talking to the people holding the sh***y end of the stick is the best thing to happen to us all. I would like to think that I played my small part in this by being the founder and owner of the original Yahoo agents group which inspired some members to go on and found this forum. Regards Brazil- AKA,' Albanywigan' And I think we all owe you a vote of thanks for the work you did on the Yahoo site. Without it Agents/Advisors would still be stumbling around in the dark thinking "it's only me" |
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Post by glen on Mar 10, 2006 21:16:59 GMT 1
After 7 years with Hillary's I attended the most positive meeting so far. John Risman was there and gave us some very good feedback about the Adviser Forums. At last these people are listening to us. 'Spin & Gloss' out, 'Us & Them' out. Hillary's management actually talking to the people holding the sh***y end of the stick is the best thing to happen to us all. I would like to think that I played my small part in this by being the founder and owner of the original Yahoo agents group which inspired some members to go on and found this forum. Regards Brazil- AKA,' Albanywigan' And I think we all owe you a vote of thanks for the work you did on the Yahoo site. Without it Agents/Advisor's would still be stumbling around in the dark thinking "it's only me" YEP agree with you on that, was only thru that site that this whole communication era started amongst us Advisor's here, so lets all crack on and help one and all ( to the sound of sick puke etc.)  Glen ;D |
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Post by glen on Mar 10, 2006 21:19:01 GMT 1
Quick we need some negative feedback, feel dizzy gone to positive for a bit then ;D ;D ;D ;D ;D ;D ;D
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Post by brazil on Mar 11, 2006 0:08:37 GMT 1
Thanks Phugly, but the real credit to goes to the person at Colwick who 4 years ago sent out an email with 65 agents email addresses !
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Post by greenpesto on Mar 11, 2006 2:08:38 GMT 1
Had the same thing at my recent meeting. He/She was also at one of the forums. The FSM jumped in & said it was ... 'just full of negativity'.All this from one 'brown noser' & one a 'useless loser'!!! ( That could actually apply to either of them .... take your pick!!! )  It's their loss ... this site has made more of a difference than anyone could have imagined!!!! |
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Post by farmer on Mar 11, 2006 16:00:31 GMT 1
YEP agree with you on that, was only thru that site that this whole communication era started amongst us Advisor's here, so lets all crack on and help one and all ( to the sound of sick puke etc.) Glen ;D At our last team meeting, ... this site was belittled  And by two of the people who attended the FORUM meetings.   which meetings that then.................. certainly didnt hear anything like that at the meeting i attended. As i say, if it wasn't for this site, things would not be happening. as of yet nothing much is, in my opinion. What does it take to tell a office full of people that things are a changing. still things happening as before, no improvements yet. New conservatory diary starts monday, and our 1/4ly meeting is on tuesday, so as yet cannot judge any change of structure/culture, or whatver you want to call it. |
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