Hello

I hope someone can help me on here.

I am tied to an agency to sell a certain product. I have fallen out
with this agency big time, and they have terminated my agreement, but
before they did they suspended me in order to "investigate" the
situation. The terms of the contract state that any termination period
is 3 months. This they have adhered to, but at the same time have
maintained the suspension.

The industry I am in, has a watchdog that holds a register of all
firms and individuals who have qualified as being able to sell this
product. This register states the individual and/or and the agency
they are tied to, and one can only be tied to a single agency at any
given time. Therefore, this particular agency holding me to contract
until Jan 2008 is preventing me from going off to another agency.

That would under normal circumstances be ok, but, and this is the bit
I am very angry with, they are maintaining the suspension, so in
effect completely preventing me from trading. They will not concede to
releasing me under any circumstances, which is going to make me
bankrupt and they know this.

Can I apply to the court for some kind of injunction to get them to
release me, I am not interested in merely having the suspension lifted
as I feel sure the agency would find another way to withhold the
monies from any potential sales.

If there is such an injunction i could apply for, on which grounds can
i apply for it and can i do it quickly?

Thanks

wrote:
Hello

I hope someone can help me on here.

I am tied to an agency to sell a certain product. I have fallen out
with this agency big time, and they have terminated my agreement, but
before they did they suspended me in order to "investigate" the
situation. The terms of the contract state that any termination period
is 3 months. This they have adhered to, but at the same time have
maintained the suspension.

The industry I am in, has a watchdog that holds a register of all
firms and individuals who have qualified as being able to sell this
product. This register states the individual and/or and the agency
they are tied to, and one can only be tied to a single agency at any
given time. Therefore, this particular agency holding me to contract
until Jan 2008 is preventing me from going off to another agency.

That would under normal circumstances be ok, but, and this is the bit
I am very angry with, they are maintaining the suspension, so in
effect completely preventing me from trading. They will not concede to
releasing me under any circumstances, which is going to make me
bankrupt and they know this.

Can I apply to the court for some kind of injunction to get them to
release me, I am not interested in merely having the suspension lifted
as I feel sure the agency would find another way to withhold the
monies from any potential sales.

If there is such an injunction i could apply for, on which grounds can
i apply for it and can i do it quickly?

Go and get paid for professional advice now. It is far too important to rely
on advice from this or any other NG.

Peter Crosland

wrote:

I am tied to an agency to sell a certain product. I have fallen
out with this agency big time, and they have terminated my
agreement, but before they did they suspended me in order to
"investigate" the situation. The terms of the contract state that
any termination period is 3 months. This they have adhered to, but
at the same time have maintained the suspension.

Are they paying you during your suspension period?

The industry I am in, has a watchdog that holds a register of all
firms and individuals who have qualified as being able to sell
this product. This register states the individual and/or and the
agency they are tied to, and one can only be tied to a single
agency at any given time. Therefore, this particular agency
holding me to contract until Jan 2008 is preventing me from going
off to another agency.

Can you work with another agency in a non-sales capacity during this
time?

That would under normal circumstances be ok, but, and this is the
bit I am very angry with, they are maintaining the suspension, so
in effect completely preventing me from trading. They will not
concede to releasing me under any circumstances, which is going to
make me bankrupt and they know this.

How will it make you bankrupt? If they're not paying you and have told
you that there will be no job for you when you come back, I don't see
how they can say you are only suspended, not terminated.

Stu

On 30 Oct, 17:10, Stuart Bronstein wrote:
wrote:
I am tied to an agency to sell a certain product. I have fallen
out with this agency big time, and they have terminated my
agreement, but before they did they suspended me in order to
"investigate" the situation. The terms of the contract state that
any termination period is 3 months. This they have adhered to, but
at the same time have maintained the suspension.

Are they paying you during your suspension period?


Sorry, i feel i should explain further, it is a mortgage network
where, when i have advised and sold a mortgage, I have to submit it
through them in order for compliance to take effect. The lender then
knows what my payment route is and pays the network accordingly, the
network then pay me minus a percentage.

Therefore i can only sell under the umberella of this network until
they release me, I have another network willing to take me on, but
they cant until my current network has officially released me.


The industry I am in, has a watchdog that holds a register of all
firms and individuals who have qualified as being able to sell
this product. This register states the individual and/or and the
agency they are tied to, and one can only be tied to a single
agency at any given time. Therefore, this particular agency
holding me to contract until Jan 2008 is preventing me from going
off to another agency.

Can you work with another agency in a non-sales capacity during this
time?

No, as it has to be on an advised basis and if i am suspension then i
cannot ever advise.



That would under normal circumstances be ok, but, and this is the
bit I am very angry with, they are maintaining the suspension, so
in effect completely preventing me from trading. They will not
concede to releasing me under any circumstances, which is going to
make me bankrupt and they know this.

How will it make you bankrupt? If they're not paying you and have told
you that there will be no job for you when you come back, I don't see
how they can say you are only suspended, not terminated.

Does the above make this part clearer?


Stu

A company that I was once involved with tried to do that but when I sought
Legal Advice the solicitor mentioned "Restraint of Trade". Peter is right
you MUST seek proper legal advice without delay.

"Stuart Bronstein" wrote in message
.. .
wrote:

I am tied to an agency to sell a certain product. I have fallen
out with this agency big time, and they have terminated my
agreement, but before they did they suspended me in order to
"investigate" the situation. The terms of the contract state that
any termination period is 3 months. This they have adhered to, but
at the same time have maintained the suspension.

Are they paying you during your suspension period?

The industry I am in, has a watchdog that holds a register of all
firms and individuals who have qualified as being able to sell
this product. This register states the individual and/or and the
agency they are tied to, and one can only be tied to a single
agency at any given time. Therefore, this particular agency
holding me to contract until Jan 2008 is preventing me from going
off to another agency.

Can you work with another agency in a non-sales capacity during this
time?

That would under normal circumstances be ok, but, and this is the
bit I am very angry with, they are maintaining the suspension, so
in effect completely preventing me from trading. They will not
concede to releasing me under any circumstances, which is going to
make me bankrupt and they know this.

How will it make you bankrupt? If they're not paying you and have told
you that there will be no job for you when you come back, I don't see
how they can say you are only suspended, not terminated.

Stu


Two very important questions:

1. Are you really selling a 'product' i.e. goods rather than service?. It
matters because if you are selling goods, then you are probably a commercial
agent within the meaningof the Commercial Agents (Council Directive)
Regulations 1993, which provide some franework to govern your situation.

2. Do you have a written agency agreement? If you do, then its terms are of
the utmost importance here. If you do not, then (especially if you are a
commercial agent) I do not understand by what power they can 'suspend' you.

Feel free to reply privately if you prefer.

Andrew McGee

wrote:
Stuart Bronstein wrote:

Are they paying you during your suspension period?

Sorry, i feel i should explain further, it is a mortgage network
where, when i have advised and sold a mortgage, I have to submit
it through them in order for compliance to take effect. The lender
then knows what my payment route is and pays the network
accordingly, the network then pay me minus a percentage.

Therefore i can only sell under the umberella of this network
until they release me, I have another network willing to take me
on, but they cant until my current network has officially released
me.

Does that mean you're on commission? They won't let you work either
for them or for someone else? And they won't pay you for the time they
prohibit you from working for someone else? To me that sounds
completely unreasonable.

You may not actually have to go to court for an injunction, but you
really should see a solicitor to help. That is really ridiculous.

Stu

On 30 Oct, 21:40, Stuart Bronstein wrote:
wrote:
Stuart Bronstein wrote:

Are they paying you during your suspension period?

Sorry, i feel i should explain further, it is a mortgage network
where, when i have advised and sold a mortgage, I have to submit
it through them in order for compliance to take effect. The lender
then knows what my payment route is and pays the network
accordingly, the network then pay me minus a percentage.

Therefore i can only sell under the umberella of this network
until they release me, I have another network willing to take me
on, but they cant until my current network has officially released
me.

Does that mean you're on commission? They won't let you work either
for them or for someone else? And they won't pay you for the time they
prohibit you from working for someone else? To me that sounds
completely unreasonable.

You may not actually have to go to court for an injunction, but you
really should see a solicitor to help. That is really ridiculous.

Stu

Thanks for that, I am minded to put the application together myself,
on what grounds would the injunction be?

wrote:
On 30 Oct, 21:40, Stuart Bronstein wrote:
wrote:
Stuart Bronstein wrote:

Are they paying you during your suspension period?

Sorry, i feel i should explain further, it is a mortgage network
where, when i have advised and sold a mortgage, I have to submit
it through them in order for compliance to take effect. The lender
then knows what my payment route is and pays the network
accordingly, the network then pay me minus a percentage.

Therefore i can only sell under the umberella of this network
until they release me, I have another network willing to take me
on, but they cant until my current network has officially released
me.

Does that mean you're on commission? They won't let you work either
for them or for someone else? And they won't pay you for the time
they prohibit you from working for someone else? To me that sounds
completely unreasonable.

You may not actually have to go to court for an injunction, but you
really should see a solicitor to help. That is really ridiculous.

Stu

Thanks for that, I am minded to put the application together myself,
on what grounds would the injunction be?

There really is too much at stake for a DIY job. You have everything to lose
by doing so.

Peter Crosland

wrote:
Stuart Bronstein wrote:

Does that mean you're on commission? They won't let you work
either for them or for someone else? And they won't pay you for
the time they prohibit you from working for someone else? To me
that sounds completely unreasonable.

You may not actually have to go to court for an injunction, but
you really should see a solicitor to help. That is really
ridiculous.

Thanks for that, I am minded to put the application together
myself, on what grounds would the injunction be?

I don't practice in the UK, so don't rely on me to be authoritative.
But it seems to me that by suspending you without any compensation
instead of sacking you they are improperly depriving you of any ability
to earn a living, and is unconscionable for that reason. I might ask a
court to determine that the suspension was in fact a constructive
discharge, which would free you up to work for someone else.

Stu