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county court claim for breach of contact. help with court procedure.

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In the circumstances I think a letter to the general manager is in order. (recorded delivery and keep a copy)

 

Something like...

 

Dear (general manager),

 

On 27th July I handed in my notice.

At that time I had 5 days of holiday outstanding. I asked if I could take this holiday during my notice period and I was told that too many people were off, so my holiday pay would be paid with my final pay cheque. I understood and accepted this.

 

On 22nd August I was called to a meeting with you.

You informed me that team leaders had raised issues with my performance. I completely denied all the allegations.

In the end I was told to leave the company and the remaining days left of my notice would be paid as holiday.

At that point you escorted me out of the building.

 

After considering these events, I am uncertain about my current position and I would appreciate it if you could answer the following questions to clarify matters.

 

1. Was I summarily dismissed at our meeting on 22nd August?

2. If the answer to 1. is yes:

a) Can I appeal this decision?

b) Would a reference supplied by (name of company) state that I was dismissed for performance issues?

2. Am I currently suspended while the issues/allegations first raised at the meeting are investigated?

3. Am I on garden leave for the remainder of my notice period?

4. When you said that the remaining days left of my notice would be paid as holiday, did you mean:

a) That you were giving me notice on 22nd August to take 5 days paid holiday from and including 23rd August?

b) Do you intend to pay me the notice pay due for the remainder of my notice period?

 

I would appreciate an response at your earliest convenience or within 21 days.

 

Yours etc.

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IIRC employers are not allowed to give bad references. This includes a reference stating that an employee was dismissed for specific reasons. They can only refuse to give a reference.

 

Edit: they can give out a bad reference as long as its truthful and doesnt contain off-topic comments.

 

In the OP's case, this is impossible for the employer to do as no investigation etc was performed. If the now ex-employee applied for another job and the reference stated dismissal for certain reasons, the employee would have a pretty solid lawsuit on their hands.

Edited by renegadeimp

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Good morning, I am currently in the process of taking my company to court for a breach of contract claim and I am having a real hard time finding a guide on the internet as to how the court works. I just have a few questions if anyone is able to help it would be appreciated.

 

1- how does a county court work, what I mean is first I submit the particulars of claim, at this point do I have to attach all and any supporting paperwork? There are literally about 200 pages of supporting docs. Can I just bring that on the day or do they want that attached? If yes will my claim get struck out if I bring extra paperwork on the day?

 

2- Is the particular of claim the document I read in court or is it like a tribunal where I would prepare a sort of bundle before?

There is so much by way of back round I would need to tell the court and the poc is limited on what you can put on it.

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Hi as well part of my claim is for a unspecified amount, due to the new court charges I am unsure what to pay, I am initially claiming up to £3000 but there is a possibility it can go over that so what fee should I pay and will the court refund you part of the fee is you pay a higher amount and claim end up being less

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The Civil Procedure Rules, which govern how the court's work, are on the Ministry of Justice website. In particular Rule 7.4 regarding Particulars of Claim are at: http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part07#7.4 The short answer to 1 is no; you don't supply your evidence at this juncture. You supply your Particulars of Claim [PoC] and the Respondent responds to accept/deny/ask you to prove each point in your PoC.

 

A bundle should be supplied to the court (and the Defendant) before the hearing - think the dates for this will be ordered after the Allocation Hearing.

 

There is a guide aimed at the litigant in person http://www.barcouncil.org.uk/media/203109/srl_guide_final_for_online_use.pdf


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Also have a read of http://www.consumeractiongroup.co.uk/forum/showthread.php?356814-The-Process-of-Litigation..-Court-Claims-Defences

 

You don't attach all the paperwork to the Particulars of Claim. The POC is a concise summary of what the claim is about, the legal basis for your claim and what you are claiming. Later in the process you will normally be ordered to serve copies of all the evidence on which you intend to rely on in court on the other side a certain number of days before the hearing. If there are a lot of documents this should be in the form of a bundle.

 

If there is a lot of general background which is genuinely relevant to the case, you would normally set it out a witness statement which would be filed with the rest of your evidence. Please be aware that small claims are dealt with fairly swiftly, the judge is unlikely to trawl through 200 pages of evidence and will not be impressed if bombarded with irrelevant background that doesn't directly impact on the claim.

 

It is difficult to claim a certain amount now and add a greater amount later. What you are claiming should be clear from the get-go. If the amount you are claiming is not known you would normally express it as a claim for xxx 'up to xxx'. The 'up to xxx' is important to keep the total below 10k to keep the thing in small claims. You won't get any refund of court fees if the amount goes down. You can't use moneyclaimonline if you are not claiming a specified sum of money.


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Hi guys just a quick question for anyone who kbnows, I am taking my employer to county court and they have submitted there defence and on the moneyclaim website it say-

 

"A bar was put in place for ( company name) Limited on 04/08/2014"

 

Does anyone know what this means?

 

Thanks in advance.

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Doesnt that mean that a CCJ cant be placed?


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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No idea, will ask others for you.


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There's no such thing as a 'bar'.

 

Have a look on Companies House at http://wck2.companieshouse.gov.uk//wcframe?name=accessCompanyInfo and check to see what it says about the status of the company. They may be trying to put the company into liquidation to avoid paying you.


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I have no idea either. I think I would start off by telephoning the MoneyClaim help line. They are normally pretty good – once you get through.

 

Please let us know what this is about. I can imagine that most people may not know and we are curious about it.


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If the company is insolvent, it shouldn't be trading in the first place, but you won’t be able to start legal action against it without the permission of the Court. You can check if a company or individual is insolvent by searching the Individual Insolvency Register.

 

http://webarchive.nationalarchives.gov.uk/+/http://www.insolvency.gov.uk/eiir/


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cheers guys, just called the court and it is,- if they receive a defence on the due date i.e the 14/28 days mark , they put a bar on the claim to stop you requesting judgement by default. nothing more.

 

thanks again though.

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Hiya,

 

I am having the same issue, just called the helpline and i was told that due a to recent system update some cases are having this bar applied. The lady took my email and sent me a email and replied me with my case details and asked me to provide the defense to the following email - mcol@hmcts.gsi.gov.uk or fax 01604619526.

 

Cheers,

Vincent

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