Not Recieved Wages x Employers

[Daniel182]

Hello

 

I would like to ask for some advice on behalf of my nephew.

 

End of December 2013 my nephew was sacked by his company due to their strict "time off rules". Since being made unemployed my nephew has not received wages that's owed to him.

 

Before i go on, i must say the account he had with the Leeds Building Society, there must be the minimum £100 in the account at all times. Because of this rule and being unemployed he withdrew the full amount and closed the account.

 

He had contacted his x employers on several occasions, letter,phone then out of the blue, a couple of months later they decied to pay what was owed to him into his building society. But by the time they decide to do this there was no bank account to pay wages into.

 

He knew nothing of this payment until he contacted his x employers once again, only to be told his money had now been payed to LBC. He contacted LBC + they sent him a letter, saying they had received a payment from his x employers but was unable to accept it due to account being closed and payment was returned. On the back of this, his x employers had his details so why did they not send a cheque or contact him.

 

His x employers denided that the payment was returned by LBC and to sort it out with them. But LBC have been very cooperative with him, where x employers have not.

 

Can someone advise on the best plan of action next in retrieving wages unpaid from his ex employers.

 

Thank you for your time to all that respond.

 

Daniel

[rebel11]

Hi Daniel182

 

Tell your nephew not to speak to his ex employers over the phone. Write them a LBA letter, send it Recorded Delivery. Give them 14 days to make payment.

 

Amend the following to apply to your nephews case.

 

Dear Sir/Madam

 

My pay advice slip of xxxxxxxxxxxxxx indicated that xxx would be paid into my nominated bank account.

 

As of today xxxxxxx payment has still not been received.

 

You should be aware that it is unlawful to with-hold payment of due wages without consent, by virtue of section 13 of the Employments Rights Act 1996.

 

Please accept this as formal notification that unless the full amount due and payable is not transferred into my account within 14 days of the above date, then I will pursue recovery in the small claims Court and be seeking costs.

 

I trust you will give this matter immediate attention.

 

Yours faithfully

 

xxxxxxxxxxx

p.s. If you can get a letter from Leeds saying that the payment has been rejected and returned, send a copy of that too, keep the original. Tell them in the letter, payment can be made by cheque.

[Daniel182]

Thank you rebel11 for your advice, much appreciated.

[rebel11]

Let us know what happens or if more input is needed.

[Daniel182]

[/url]Hello rebel11

 

Taking out weekends and a day for the signed letter to get to it's destination. It's been exactly 14 days today July 1st 2014, and no reply in a way of letter or cheque. I have an email address for the CO, should a email be sent to him explaining everything that has happened or strait to Small Claims?

 

Also, as his x employers attempted to pay the wages into his bank account even though payment was a very long time over due. Will this do anytng to the case?

 

I look forward to your reply.

 

Thanks

[ericsbrother]

The fact that they tried to pay the money into a closed account will only carry a small amount of weight. They had his address and could have sent payment directly to him at any time.

He could get someone to telephone the company boss and say that as payment hasnt been made it will now go to the small claims procedure and that costs of £50 court fees will be added, along with any other cost so they had better get payment to him in 2 days or it will be too late. That normally gets a response but not always. Sometimes you get action after the claim hits the doormat and you have to point out that the court costs must be paid as well.

[Daniel182]

Thanks for your advice ericsbrother, much appreciated.

[SabreSheep]

The fact they tried to make payment adds weight to your case as it confirms the debt is due

[Daniel182]

Hello

 

Just want to fill in fellow repliers what's been happening over the last month. Well the nephew has been in communication with several employees of the company who owe him wages. I wanted to help him go strait to small claims after advice from you, the "consumeractiongroup members" but my nephew declined. Well he's still getting the run around via emails stating the money going to be forward to his new account.

 

The bank manager advised my nephew to go for compensation when filling out small claims forms.

 

I would be so grateful if someone could please advise about going for compensation when filling out small claims forms. It's been 9 months since the nephew was let go, and 8 months trying to get is wages outstanding.

 

What kind of compensation would be adequate for 8 months of hassle? Any advice will be most welcome.

 

Thank you for your time.

 

Daniel

[SabreSheep]

Any compensation would have to be justified and would be to offset any losses incured as a result of breach of contract.

 

you will need proof of losses. One easy example is any bank charges and interest you may of had to have paid as a result of not being paid. These would have to be backed up by statements etc

[ericsbrother]

unfortunately the only compensation you can claim is for actual losses so things like the cost of telephone calls and letters, overdraft interest and other cost directly attributable to the failure of employer to pay up are all you can claim. Very rarely can you claim for loss of opportunity but you will have to show that something was agreed (deposit on motorbike paid for example and then couldnt buy the bike becuse of lack of funds equal to the witheld money) and then could not be concluded and therefore a claim can be made for the increased costs now incurred to get the same deal.

Starting a claim usually focusses the minds of a company as if the debt is more than £700 a HCEO can be used to enforce it and they have very wide ranging powers when it comes to businesses.

[rebel11]

Hi Daniel182

 

Why is your nephew reluctant to lodge a claim through the courts, that is your first hurdle, it's fairly straight forwards if the facts are as he states. The longer this goes on the more confidence his former employers will gain.

 

http://www.adviceguide.org.uk/wales/law_w/law_legal_system_e/law_taking_legal_action_e/small_claims.htm

 

Thread moved to General Legal Forum.

[Daniel182]

Hello

 

Once again, thank you for the replies.

 

rebel11 wrote: Why is your nephew reluctant to lodge a claim through the courts?

 

He's a young kid, and i wouldn't say he's being reluctant, just a little naive. Believe it or not the company are being more cooperative this time round and keep telling him they are going to put is money into is account, when he goes into the bank no money been entered. And this little joke of theirs has been happening for the last month. I personally think the company are taking the biscuit. It's going to be put through small claims now.

 

Thanks

[Daniel182]

Hello

 

Small Claims was issued and payment finally received. I say received, the company did not pay for the £60.00 cost.

 

The company have also filed a defence on 15/09/2014.

 

Thanks

[rebel11]

Hi Daniel182

 

Proceed with the claim for £60 costs, inform the courts that they have paid the debt, but are trying to avoid costs.

 

So you want a judgment for £60 costs plus section 69 interest.

 

Could you post their defence without personal details or ref numbers.

 

 

 

Hello

 

Small Claims was issued and payment finally received. I say received, the company did not pay for the £60.00 cost.

 

The company have also filed a defence on 15/09/2014.

 

Thanks

[Daniel182]

Thanks rebel11 for reply. I take it another £60.00 claim got to be paid for this? 69 interest! Please can you enlighten me what this is? Thanks

[rebel11]

No, another £60 doesn't have to be paid. It's refering to the £60 costs to make the claim that you haven't got back.

You are entitled to claim interest on the claim, it's called Section 69.

 

Read down to claiming interest:-

 

Starting court action - AdviceGuide

 

£60.00 claim got to be paid for this? 69 interest! Please can you enlighten me what this is? Thanks

[rebel11]

Hi Daniel

 

It depends whether you wish to proceed now that a defence has been submitted and whether the defendant wants to risk a CCJ for £60 plus sec69.

[Daniel182]

Hello rebel11

 

Thanks for reply, i'm sorry for not getting back to you sooner.

 

 

£60.00 claim got to be paid for this? 69 interest! Please can you enlighten me what this is?

I'm not sure what you mean by above, i've checked PM and cannot find any reference to it.

 

 

whether you wish to proceed now that a defence has been submitted

The court recommends the The Small Mediation route, both parties talking. The plan is to recoup the £60.00 court fee. Which would be best? Take court action or ADR?

 

When you say claim interest, are you referring to ADR?

 

Thanks

[caro]

If your nephew didn't claim interest when the claim was issued he'd have to apply to amend the claim, and this would mean an additional fee.. Section 69 interest, which is 8%, may be awarded at the courts discretion, but I'm guessing this wasn't included in the claim.

 

Unless there is good reason not to, I think the court would expect you to try mediation.

[Daniel182]

Ho well, those at (MCOL) state claim has now been struck out on 24/10/2014, which is today.

 

That's that then. Thanks to all who advised.

 

Dan

[Daniel182]

doubled post, sorry mods

[caro]

Why was the claim struck out?

[Daniel182]

To be completely honest i don't know.

[caro]

Did you see a copy of the application to strike out the claim?