Merchant not paying up - go legal?

peacock · Dec 15, 2014

A web hosting company with a "direct" affiliate scheme is ignoring my requests for a payout.

I have referred over 150 new clients for them and the balance is low x,xxx

Over a period of months I have contacted them through all the usual channels and mostly been ignored or been told "payment will be made within 24 hours".
Assuming they have cashflow issues have suggested they pay in installments etc but to no avail.

Would you:
A) Go legal?
B) Name and shame ... SEO type campaign
C) Lesson learned, move on.
D) Other.

peacock · Dec 15, 2014

Thanks for advice Sean.
Small Claims Court sounds like a neat approach.

Will just need to move my websites away from them first

, then I guess just document as much as possible so the judge(?!) understands what is going on.

bensd · Dec 15, 2014

https://www.moneyclaim.gov.uk/web/mcol/welcome

dazc · Dec 15, 2014

Sean said:
Small claims court is a relatively cheap way to pursue someone for a debt and you can make a claim online.

Just bear in mind that once you pay the initial fee you have to pay another £100 (the hearing fee) after the hearing date is set. It is reclaimable if you win but most rogues know this is another hurdle and will wait until the last minute before conceding defeat.

If the hearing fee is going to be an issue you can claim an exemption btw.

peacock · Dec 15, 2014

dazc said:
Just bear in mind that once you pay the initial fee you have to pay another £100 (the hearing fee) after the hearing date is set. It is reclaimable if you win but most rogues know this is another hurdle and will wait until the last minute before conceding defeat.

If the hearing fee is going to be an issue you can claim an exemption btw.

Thanks for info. Good to know. Looks like it would "cost" 10 to 15% then.
Any idea how it works in terms of physical location. If it required court appearances would it be near them or near me, if that makes sense?

martin-s · Dec 15, 2014

If your T&Cs allow it, I recommend Daniels Silverman.

dazc · Dec 15, 2014

peacock said:
Thanks for info. Good to know. Looks like it would "cost" 10 to 15% then.
Any idea how it works in terms of physical location. If it required court appearances would it be near them or near me, if that makes sense?

Claims online are issued from Northampton but are usually transferred to your local court for a hearing date to be set (assuming the defendant files a response).

The defendant can ask for the case to be transferred to his local court though.

Usually if the defendant is a large company and you are an individual (being self employed and working from home still makes you an individual btw) you can argue this puts you at a disadvantage - but it's at the discretion of the court.

In either case you can submit your case by post. Just make sure it's as thorough and as easy to understand as possible. County Court judges don't expect you to be a legal expert but you can't expect him or her to have much understanding of affiliate marketing either.

Retired_Member38 · Dec 15, 2014

If there is proof that the other party was saying they'll pay in 24 hours then an understanding of affiliate marketing shouldn't really come into it. Its an admitted debt that hasn't been paid; how that debt came about is basically irrelevant at that point.

martin-s · Dec 15, 2014

Also, might be worth removing the link from your signature on here? Even if it's not the same company, it made me assume it was.

Alien · Dec 15, 2014

bensd said:
https://www.moneyclaim.gov.uk/web/mcol/welcome

Definitely, that ^^^^^

anthony · Dec 15, 2014

The judge will ask you if you have incurred any additional costs bring the action to court, in which case you should hit them for every reasonable cost you can think of, the biggest of which is taking time off work to attend court, or losing a days holiday to achieve the same.

It's a great feeling watching a cunt squirm and lose to you in court, i have done this myself to someone who owed be £2k. Don't think you need to be reasonable either, the day for reason will have well passed by then, you're in for the kill at that stage!