Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #21
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    Default Re: Employer withheld wages

    Quote Originally Posted by Sangie595 View Post

    You say that the solicitor told you an ET was quicker. That begs the question "quicker than what?". If we are talking about a PI claim, that's certainly true. I've been dealing with one of these for four years now and the end isn't yet in sight - and the employer agrees with the claim! PI claims typically take years unless they are relatively minor, and if that were the case one assumes you wouldn't have lost your job over it. Maybe I'm being pessimistic, but we generally allow for 5-7 years for a contested claim, at least. That's assuming the employer actually still exists at the end of that period, of course.

    ..........

    Your question was, what can you do because you can't afford food now.

    .......

    Which is why I am perplexed that the solicitor isn't tying them in knots over this. It is a situation arising directly out of the alleged negligence. If we were confident that there was a negligence case, then we would be treating this as part of the claim. Not that that would get the money any faster (although we would have passed you to our welfare fund by now for immediate help). But we wouldn't be leaving it to you to sort out. And we wouldn't be expecting it to do a thing to resolve your current cash flow issues. We'd have told you that.

    So I'm not sure what we can do to help you to get money faster. I don't see an employment law related method of doing that. And that's what I'm trying to say - this is all complicated, it takes time, and it doesn't, literally, put food on the table today.
    I agree final resolution to a PI claim isnít likely to be soon.
    Yet, unless the insurer disputes liability completely, an interim payment should be possible, and NOW (or very soon).
    Interim payment are usually found in multi-track cases, and sometimes in fast track cases.

    OP, has your PI solicitor said why an interim payment isnít a realistic prospect?
    Why hasnít a claim yet been issued??


  2. #22
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    Quote Originally Posted by Sangie595 View Post
    I fear that we are talking at cross purposes and that we can't really assist you here. These boards are always limited by the fact that we know part of the story, from one point of view. in this case there is a huge picture, and we have a corner piece of the jigsaw!

    You say that the solicitor told you an ET was quicker. That begs the question "quicker than what?". If we are talking about a PI claim, that's certainly true. I've been dealing with one of these for four years now and the end isn't yet in sight - and the employer agrees with the claim! PI claims typically take years unless they are relatively minor, and if that were the case one assumes you wouldn't have lost your job over it. Maybe I'm being pessimistic, but we generally allow for 5-7 years for a contested claim, at least. That's assuming the employer actually still exists at the end of that period, of course.

    But unless you are living in that area of the country where there are no lengthy lists for tribunals (and I don't know where that is - the lists are over the top everywhere I see) you could still be waiting several months for a hearing. Let's assume the employer plays out the response deadline the full 28 days, then agrees to pay, but draws out the payment - that's what, a couple of months? They decide to let the tribunal take its course - possibly as little as another 2-3 months, but could be 6 or more!

    Your question was, what can you do because you can't afford food now. So assuming that you are right and they shouldn't have taken that money, it's irrelevant - you still won't be able to get any money quicker than the benefits system pays out. Which is why I have suggested that you would be well advised to get advice on your current situation and what can be done about it now.

    And your payments might have been up to date in March. It's May now, and you still owe them money. Are you paying your loan now? Probably not if you can't afford food. That is what I was saying before - you can be counter sued for not paying the loan. That going too continue to be the case, and what you owe will continue to grow - anything you might win, eventually, at a tribunal doesn't pay the bills now and could be more than wiped out by action against you by the employer.

    Which is why I am perplexed that the solicitor isn't tying them in knots over this. It is a situation arising directly out of the alleged negligence. If we were confident that there was a negligence case, then we would be treating this as part of the claim. Not that that would get the money any faster (although we would have passed you to our welfare fund by now for immediate help). But we wouldn't be leaving it to you to sort out. And we wouldn't be expecting it to do a thing to resolve your current cash flow issues. We'd have told you that.

    So I'm not sure what we can do to help you to get money faster. I don't see an employment law related method of doing that. And that's what I'm trying to say - this is all complicated, it takes time, and it doesn't, literally, put food on the table today. Possibly someone on the benefits board will have an idea about how to do that - but it's not entirely likely that there will be someone on this board who can so unless someone with great benefits knowledge happens in this thread, you won't be seen....
    Family are sending Tesco deliveries at the moment for food. I canít make any loan payments as they have withheld details of where to send the money etc I donít have it anyway.

    I have requested those details 2 from them via email which they have acknowledged but nothing is forthcoming.

    I donít even have an up to date statement showing any balance owed as I presume them having withheld 2k it may be cleared in full as interest would be adjusted for early repayment


  3. #23
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    Default Re: Employer withheld wages

    Quote Originally Posted by BazzaS View Post
    I agree final resolution to a PI claim isn’t likely to be soon.
    Yet, unless the insurer disputes liability completely, an interim payment should be possible, and NOW (or very soon).
    Interim payment are usually found in multi-track cases, and sometimes in fast track cases.

    OP, has your PI solicitor said why an interim payment isn’t a realistic prospect?
    Why hasn’t a claim yet been issued??
    I don't disagree at all. But I think you are possibly being overly optimistic about interim claims here. Even if the insurer agrees there is a valid case of some sort, the claim hasn't been made yet if I am reading the OP correctly. And it seems that all this is very recent - we are talking about events of the last few weeks, albeit the accident may have been longer ago. Even an interim payment takes some time, and that assumes that the claim isn't entirely disputed, in which case there won't be one. It could take several months or much, much longer to get a penny, even IF there is an interim payment.

    So I disagree that a payment should be possible soon or now - that only applies if the the employer doesn't resist the entire claim. And I don't know what is going on, what happened, or anything else - but I do note that there is a great deal more to this story; and the union have refused to support the OP. Rightly or wrongly, that suggests that this isn't straight forward, which simply makes the prospective timescale less certain.


  4. #24
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    Quote Originally Posted by Sangie595 View Post
    Even an interim payment takes some time, and that assumes that the claim isn't entirely disputed, in which case there won't be one.
    It doesnít matter if the employer resists : it is the insurer who will make an interim payment, and can do so early (to avoid the courtís wrath!).

    Yet, I agree: it depends on the many variables, including if liability is absolutely disputed.

    Quote Originally Posted by BazzaS View Post
    Yet, unless the insurer disputes liability completely,
    We may be agreeing more than we disagree!



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