Small claims

[jackiebuchanan1]

Please can you direct me there?

 

Thank you

[jackiebuchanan1]

I need to know how to strike out a late defence. Thanks.

[honeybee13]

Hello there.

 

I think you might need the legal forum, but can you tell us a bit more please? Then we can move your thread.

 

My best, HB

[citizenB]

I think you might need to be in Legal Issues.. I will move your thread - however you will need to let us know what type of help you need

 

Ok, you are now in legal issues

 

Have you been issued with a claim ?

 

Or are you issuing a claim against someone ?

[honeybee13]

Crossed posts CB, sorry.

[BankFodder]

You won't be able to strike out a defence merely because it was late.

If the defence was late, you should have moved quickly at the expiry of the time for filing and entered a judgment then.

 

Now that the defence has been filed, you will have to accept it and continue with the process.

Only if the defence is clear that it does not answer the cliam at all, might you be able to ask for a summary judgment.

[jackiebuchanan1]

I am the claimant. I issued a claim and the defendant did not acknowledge service or send a defence within the time limits. I was going to ask for judgement in default but I had some problems at home and had to sort them out first. Now the defendant has sent in a defence; it is some three weeks late. Am I too late to request judgement in default now?

 

Thank you

 

I think you might need to be in Legal Issues.. I will move your thread - however you will need to let us know what type of help you need

 

Ok, you are now in legal issues

 

Have you been issued with a claim ?

 

Or are you issuing a claim against someone ?

[andydd]

As suggested you should of been ruthless and the very next day the defence wasnt filled by at the court door ready with your application for default judgment and then move onto enforcement options.

 

It has been served now and no doubt the actual court case wont be for some months so unless you can show that you suffered real prejudice its unlikely that you can do anything about it now.

 

In any event the defendant could of possibly asked for any strike out be set aside, and he may for example be able to say the same as you 'problems at home' etc. Its a bit odd that you seek to put forward reasons for your tardiness and seek to complain about the defendants slow response at the same time.

 

Andy

[jackiebuchanan1]

Thanks for your reply. I thought this might be the case. I am a teacher and I worked for an agency (the defendant) and a college (the second defendant) The second defendant did not allow me hours for work done and did not complete my final timesheet so I couldn't get paid. The agency did ask for timesheets but the college neglected to respond.

The college has filed a part admission, which I haven't seen but I guess the amount to be a lot less than I am due. The agency defence is that they cannot pay me because they did not have authorised timesheets.

 

I wrote to the principal before I went to court and he passed it on to his HR Director and she passed it on to the person who wouldn't pay me in the first place and they said they were investigating it.

 

How can I prove that I actually worked those hours? I am worried that I will not get the pay I am entitled to. Any suggestions there? Thanks again.

You won't be able to strike out a defence merely because it was late.

If the defence was late, you should have moved quickly at the expiry of the time for filing and entered a judgment then.

 

Now that the defence has been filed, you will have to accept it and continue with the process.

Only if the defence is clear that it does not answer the cliam at all, might you be able to ask for a summary judgment.

[citizenB]

Did you not keep a copy of the time sheet ?

[jackiebuchanan1]

Thanks for your reply. The first time sheet was returned to me so that I could amend it on the grounds that the college wouldn't pay me for work I had done that wasn't on the timetable. I had to submit an amended time sheet or go without. The second timesheet was sent by email and they never respond to it.

[andydd]

Im in a contract job at the moment and I not the small print that says"failure to authorise the timesheet does not absolve you from an obligation to pay the hours worked by the worker"

[jackiebuchanan1]

Thanks Andy

my contract as an agency worker says that the agency will not pay if there are no authorised time sheets but will carry out a timely investigation into it. They think they have done this. They have reached an agreement with the college to pay me £85 in lieu of the £372 I claimed.

I still don't know how to prove to the court that I worked the hours i say I worked but I will not agree to that pittance.

[andydd]

As to your last point, I dont know, normally you work the hours and this is only verified when you get the timesheet authorised, sounds like you need some proof or a witness to the hours worked. Was there a normal 9-5 40 hours pattern or was it different ?

 

Andy

[jackiebuchanan1]

Hi Andy

 

the sitaution is that I was an agency temp. I was given a timetable but had to work extra hours. I claimed the extra hours and was told that I would not be paid for them so I should revise my time sheet. I did, under duress. Then I worked some hours at home and put in a time sheet for them. This was ignored until I went to court. Now they have agreed to the hours I put in for but I want all the hours I have worked. Especially now I have had to go to court. I think they will threaten certain members of staff to say that I didn't work the hours I am claiming and Idon't know if an affidavit will do the trick or not.

[andydd]

Well..If witness are used and they would sign a statment acknowledging its true, lying could open them to perury so I wouldnt be lying even if my boss asked me too.

 

You could go ahead but you really do need some sort of proof of the hours worked, the Judge would decide one way or another.

 

Was the amended timesheet then signed and authorised, you may have a problem there.

 

Andy

[jackiebuchanan1]

Yes the amended ts was signed and authorised, under duress.

 

I gave my agency a statement of hours worked and not paid for. I wrote a 2000 word letter to the principal giving him all the details and thats it. I have an email from my kine manager saying that the timesheets weren't filled in properly but is it enough. College HR are like the Gestapo

[andydd]

So you are saying the timesheet isnt correct and you actually worked more hours ?