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Teddybear154

Husbands wage cheque keeps bouncing can't pay bills. Advice needed?

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My husband has worked for the same place for 5 years and until last year had never had problems with his wages. He gets paid 4 weekly and is paid by cheque.

 

Last year from around September he started to get his pay late. He was getting his pay but late. It was annoying we ended up having to pay rent late a few times but eventually we managed to work around it. But now things have got worse.

 

My husbands last 2 wage cheques have bounced. He has managed to get a small amount in cash from his employer but not enough to cover all bills or rent. We were un able to pay rent last month. We did not even have enough money for food.

 

I have managed to get together enough money to pay this months rent ,plus a bit by selling things on eBay, gumtree ec. But I rent house from housing association and they want last months rent and this months rent paid by Monday.

 

They say if they don't receive all money in full they will seek a procession order and will have us evicted. I just don't know what to do we have 4 young children 2 with special needs.

 

If we are thrown out of are home we have no where to go. We will be homeless. I have some money coming in next week but not until Tuesday. So I could pay in full both months rent on Tuesday. But housing association say this is not good enough.

 

They are planning to try and take full amount on Monday by direct debit. We can't ask bank for a loan or over draft as we have low credit rating. We have been slowly sorting are debt problems. But with these two bounced wage cheques. It is putting us back in a mess. We have no one we can ask to borrow money.

 

None of my family could afford to lend us the money. My husbands family could but he is French and his family live in France. It will take too long to get money here from France as his family are old fashion they don't use online banking or any thing and will only send a euro cheque. What should We do?

 

 

My husband has asked his employer every day this week for the wages he is owed. The employer just keeps saying ill have it for you tomorrow. And they say the same the next day. My husband is looking for another job but has not found any thing yet.

 

Any advice would be much appreciated

Edited by citizenB
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I will flag your thread for some site team attention.


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Thatis a horrible situation to be in. It sounds like your husband needs to issue a court claim ASAP for the outstanding money and you can't afford to really wait any longer in doing so. Either fill in an ET1 for the Employment Tribunal claim, or go through the county court - the ET process is generally felt to be less formal, but ironically I actually find our local county courts to be much friendlier and less formal.... so I guess it depends on your local area. I would probably still favour the ET route though as it's free and you aren't really in any danger of costs awards.

 

Just to add, it will be difficult for anyone to evict you from your home with small children - so that should buy you some time at least.

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I agree that you should be making a court claim against the employer, even if it doesnt recover his wages, it will be proof that he hasnt been paid his wages and you could show this to companies chasing you for debts.

 

What does his contract say about pay and payment dates ?

 

He needs to take a tough line with his employer and give him a Notice Before Action if neccassary.

 

Andy

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Hi

 

Housing

 

Something else to consider is dont let it sit what the housing association has stated about eviction as they are meant to assist people in your circumstances but if they dont know the full facts that may be a reason for their actions at present.

 

Have you at all went to the housing association and explained the difficulties your are having at present, and also checked to see if they employ a welfare officer and if so get yourself an appointment to assist you with housing issue.

 

Some things to check on the housing associations website is, welfare officer, rents arrears, problems paying your rent as this will give you more info.

 

Employer

 

Now does is say anything in your contract of employment that you will be paid on the "X" day of every month, or "every 4 weeks" or any other term, it is implied that your bank account will be furnished with your wages on that day - if so then the employer is responsible to ensure that the money is transferred in time for that date.

 

Something to consider is that if your wages are not in your account on that specific day, then your employer could be in breach of contract, therefore if you incur any charges or penalties then these can be reclaimed, now the but this hinges on the delay being due to your company paying the wages in - the retribution is the responsibility of whoever's action caused the delay.

Edited by stu007

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Have to agree with stu here as well, think the HA are being real arses about the situation and normally are very accommodating. I find it strange that they are being that forceful. I would speak to your housing officer with regard to this and tell them about the situation as said and tell them that any further court costs are not going to assist with the situation. Maybe even provide some bank statements to show the cheque deposit and it being returned. The eviction process is along drawn out process and they will need to wait a full two months of no payment before they can instigate proceedings adn it will take at least another two before it comes to court, so hopefully can be resolved in this time.

 

I would also get hubby to start looking elsewhere for work, if they are having cash flow problems where you work and it is a local company I can only see it getting worse.

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Hello there.

 

I've edited your main title to match the one in post no. 1, I hope it's what you wanted. You can't edit your own thread title. :)

 

My best, HB


Illegitimi non carborundum

 

 

 

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I am very sorry you are in this situation. Its unusual for a HA to be this tough so soon. I'd advise you to call Shelter http://england.shelter.org.uk/get_advice/housing_association_tenants and find out what HA's can and can't do in this situation. I don't know if you owe more than two month's rent, or have a iffy payment history in the past.., but whatever the situation is, get advice from the experts as urgently as you can.

 

I have been in a similiar situation with an ex.., employer paid wages late, we were in a dicey situation financially anyway and this was enough to tip the balance totally (it was a two month period for us too). The employer did offer to pay our bank charges but when they realised how high they were, they reneged on this so we did get into a lot of trouble that I would never want to be in again.

 

I would advise also calling ACAS.., again they will tell you what an employer can and can't do legally. I hope this helps.

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Jsut to add to the point above, if there is a clear contractual obligation to pay wages on a certain date and they are not then the employer may well be liable for any consequential losses that you incur, I would point this out to him.

 

Ive been paid late twice, on first occasion the company had a word with banks concerned and they actualoy reversed bank charges, on second occasion the company paid the bank charges.

 

Andy

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Are you on a starter tenancy with the HA or are you secured. In any case prior to repossesion they would need a court order and i feel a judge would be reasonable. However as the others have said,talk to the H A.

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Hi Teddybear. I'm really sorry to hear about your situation - it's one my partner and I found ourselves in many years ago.

 

To add to the excellent advice that you've been given, I just wanted to add that the sooner he finds a new job, the better. There's a great temptation in this situation to stay put in the hope that you can recover some of the money you've lost, but in my experience it isn't going to happen. If they've reached the point where they're bouncing pay checks, they're probably not long off going bust completely. Better to minimise your losses and get out now.


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