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Self employed medic/damages of vehicle taken out of wages without notice.


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I work or should I say did work for a private ambulance service that deducted damages to an ambulance that occurred 6 months ago on hospital grounds and when i was not with the vehicle itself.

I invoiced my monthly pay and when received they deducted 379.08 from the total but did not tell me why. The next day i received an invoice for the damages to the vehicle.

 

~ Can they just deduct wages without my knowledge ??

~ Can i claim the money back and how ??

 

I get married in 60 days and the owner said with a smerk "dont spend to much on a solicitor will you as you will need that for your little wedding" :-x

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I'm not expert in this situation but this is how I see it.

 

You invoiced the company, they did not pay the full amount so you can sue for the outstanding in the small claims court which you won't need a solicitor for.

 

The other guy will either counter claim for what he claims you owe him or bring his own claim to get that money from you both of which he will need proof that you are responsible for the damage. Leaving it 6 months to get you like this won't look good.

 

In the first instance you should write to this guy giving him a final opportunity to pay the full amount, give him 14 days then you will start legal proceedings where you can then sue for the outstanding plus your court fee back.

 

Like I said, I'm not a expert on this type of thing so wait for an expert but I'm probably not far off.

Ash.

 

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Hi guys.

 

I have a so called contract that doesn't say anything about deductions of damage to vehicles. And yes self employed.

On that not are there any letter templates i could modify to send this company.

 

Thanks

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Hi Westham1

 

You need to write to them, firstly ask why they have deducted monies form your pay? and secondly where does it say in your contract that they can make such deductions? There aren't any templates. I would send a letter Recorded Delivery to Human Resources. You could send a copy of your payslip.

 

Hi guys.

 

I have a so called contract that doesn't say anything about deductions of damage to vehicles. And yes self employed.

On that not are there any letter templates i could modify to send this company.

 

Thanks

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  • 1 month later...

I might be misreading this but, on the basis that you're self employed, then you sent an invoice for personal services which hasn't been fully paid and in that situation this appears to be a straightforward letter before action to the company for whom you carried out those services outlining the basis of claim. It's a small claim filed through MCOL to which you'll presumably add the cost of the claim and interest at 8% etc etc.

 

From the given facts, you've got nothing to lose except the filing fee in the event that your claim doesn't succeed for some reason - there's nothing in what you've written to suggest you'd lose but since you don't have the money anyway and since neither of you can claim legal costs I don't see the risk in filing.

 

ss13-27 of the ERA 1996 cover unfair wage deductions but don't apply since you weren't working as an employee. For general reference, the protection offered by this section of the Act is disgracefully weak and only requires an employer to state in writing that deductions for stock and cash shortages can be taken from wages.

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