Employer won't refund deposit ** Successfully Resolved **

[Emmzzi]

You are not an employee. You are a volunteer. Therefore, if you are going to claim anywhere, it's small claims court. Please ensure the wording of your letter reflects that!

 

http://www.festibarrow.co.uk/promoters/

[stu007]

As you have pointed out it was Festibarrow that you volunteered through for the Festival event them your claim is with Festibarrow Ltd.

 

https://www.opencompany.co.uk/company/07221860/festibarrow-limited

 

C/o David Elliott Associates

Manchester Business Park

Aviator Way

Manchester

M22 5TG

 

Company Number: 07221860

 

Its a Private Limited Company

[jackwsmith]

That's the address I got. Should I send my letter to both addresses or just the official one? I did ask the guy to confirm his business address and he gave me a home address

[stu007]

Hi what I posted is there Registered Address but if you are worried send it to both but so both know you have done this what I would do is at the bottom of your letter underneath your signature put:

 

CC:

 

C/o David Elliott Associates, Manchester Business Park, Aviator Way, Manchester,M22 5TG.

 

Then add the other address here.

 

Do this at the bottom of both letters

 

Ensure you keep copies of all letters, get proof of posting or send recorded and keep a good paper trail.

[jackwsmith]

Thanks stu007 I'll send my letter to both addresses recorded delivery tomorrow

[stu007]

Please keep us updated and if you need any further help well you know where we are.

[jackwsmith]

Just an update. Had no reply from Festibarrow so I'm going to go through the small claims process.

[hightail]

Could also be worth flagging this company up to HMRC. Bit by bit these organisations that provide workers as 'volunteers' are being investigated.

[jackwsmith]

Just wondering how much detail to go into on my particulars of claim. It says it should be a statement of what I am claiming for and why, so should I just state I am claiming a refund of my deposit for undertaking voluntary work or should I also include not being involved in the fire incident?

[Pusillanimous]

You need to elaborate on the claim/s you are making. Date, what happened (briefly) witnesses if relevant, how it constitutes a legal claim. Use numbered paragraphs. Cite relevant case law if applicable (don't worry too much about this; the tribunal will know) and jurisdiction (what section of ERA you are claiming under, if not already done so; again, don't worry too much about this, if you are not sure.

 

State the core facts.

 

It is not a witness statement, but you do need to be careful you include the substance of your complaint/s (pleadings). If you have not pleaded an issue, you cannot claim it at the hearing. Care needed.

 

If in doubt, mention the fire incident if it is likely to be a key issue to the other party in their resistance to your claim.

[ericsbrother]

Dont forget, this is really a breach of contract matter and not an employement matter, it just happens to be that you volunteered to perform certain duties in excange for free entry to a concert.

The contract was that you gave a deposit to ensure your attendance and this should have been returned at the end of the agreed work period.

[Pusillanimous]

That's right, sorry! Same thing applies as before, except use the term "as per binding contract" rather than ERA. Attach a copy of it. No need to quote case law (unless, of course, you know of any).

 

Don't forget to add on your costs and "plus statutory interest".

[stu007]

Hi jackwsmith

 

Just thought id pop in to see if we have a further update at all on this?

[jackwsmith]

Hi Stu007

Festibarrow have not responded to my claim and the 14 days expired yesterday so I need to request judegment now. Will let you know how I get on.

[stu007]

thanks for the update and let us know how you get on and if you need any further help you know where we are.

[jackwsmith]

Hi

I've got a Notice of Judgement now which was issued on 3rd November but still nothing from Festibarrow. I think I have to issue a warrant next which is going to cost another £70. What happens if they still don't pay?

[stu007]

Hi jackwsmith

 

Thanks for the update will see if I can get further advice for you please be patient.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?437299-Excellent-interactive-guide-to-the-small-claims-process-from-Warrington-Trading-Standards&p=4654892#post4654892

 

 

^^^^^^^^^^^ Here you go. You need document number seven

[jackwsmith]

Thanks that was really helpful.

 

Can anyone tell me if I get the £70 back that I have to pay to issue a warrant? I've looked on the gov.uk website and in the attached link but can't find the answer.

[ericsbrother]

yes. it is added to the money the bailiffs collect. When you fill out the form you add it in the appropriate box. If you claimed interest at taxation then add that amount to the debt before the bailiff fee. You can get a high court writ and their bailiffs have a lot more powers but that will cost you £150 I believe.

[jackwsmith]

Hi

Just wanted to give you an update and get a bit of support.

I waited until 5th January to execute the warrant just in case the company was closed over Christmas. I got a phone call Friday evening from one of the Directors saying this was the first they knew about my case as they and the Company accountant had been out of the country and that he was naturally upset about having a CCJ against his company. We agreed he would email me this Monday.

 

They offered to pay me in full if I have the CCJ removed. They sent a form for me to print, sign and post off. I replied that all they were offering was what they had been ordered to pay by the courts but I was happy to do that if they reimbursed my expenses incurred in carrying out their request. They have replied saying they will pay half of the balance now, followed by the other half provided

 

1. I have sent a copy of the declaration to remove the CCJ to them.

2. Contacted online HM Courts and Tribunals sending them the same declaration.

3. Contacted online Altrincham County Court sending them the same declaration.

4. Emailed the bailiffs sending them the same declaration.

 

I have again replied I am happy to do that should they cover the costs incurred but will only notify the courts etc when payment is received in full.

They have sent a further email in response expressing their surprise at my approach and going on at great length how it was only time on my side that prevented them from professionally representing themselves and they may still do this. Claiming they have evidence in their possession from 5 witnesses and that arson is a criminal offence.

 

 

The final paragraphs I have copied word for word:

 

"On the basis that you obviously need the money urgently we will of course at our discretion settle the balance in full today as a token of our professionalism. However, if you do not fulfill the obligations you have agreed to we may find ourselves opposite each other at some point in a criminal court of law with the case being brought by DF Concerts vs Jack Smith and with all the evidence against you, you may end up carrying a heavy quota of debt, counter CCJs and a criminal conviction.

 

I hope you understand the severity of what we are saying here. If you do not lift the CCJ against us by close of business Monday 19th January 2015 and follow all instructions in my previous email a copy of this email will be sent to your parents and our solicitors."

 

I've replied again denying any involvement in the allegations and reiterating that I am happy to comply with their request if they reimburse me the expenses incurred, ink, paper, envelopes, stamps etc.

Sorry this has been so long winded, I was hoping to just post that the matter was all sorted but am feeling increasingly bullied.

 

Any advice or support would be appreciated.

 

Thanks

Edited January 15, 2015 by Conniff

[Emmzzi]

"sent to your parents"?!?!

 

do they think you are 12?

 

if it sounds like aggressive BS, it's aggressive BS....

[renegadeimp]

It's a blackmail attempt. You have the CCJ, go and get enforcement orders.

[Pusillanimous]

Get the High Court enforcers in. "Won't pay? We'll take it away!"

[SabreSheep]

I would reply witrh a letter

 

Along the lines of

 

" I am sorry you have not been reasonable in your dealings with me and continue to try and intimidate me.

 

You have until x date for me to recieve full payment or I shall commence enforcement proceedings, the costs of which shall be passed back to you."

 

You do not withdraw the ccj.

 

Not sure you can force additional costs out of them. Their liability is the CCJ amount only.