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Small Claims Court for Unpaid Wages - MCOL or Paper (fee's)


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Hi,

 

I'm wanting to bring a claim against a former employer for wages which were not paid - this relates to a very brief period of employment (1 month) between April and May 2014.

 

As I am now a full time student with a limited income, I believe I would qualify for fee remission if I file the claim on a paper form at my local CC.

 

However, I also understand that if I file the claim using MCOL and pay the court fee, I can claim this back from the defendant as part of the claim (assuming, of course, I'm successful).

 

Just wondering really which is the best option? Part of me really wants to make the former employer cover this cost on top of what they owe me, however at the same time it is a gamble in case the claim isn't successful, or as I suspect may be the case the director does some jiggery pokery and winds up the company to avoid payment - and being honest I could do without being £105 out of pocket whilst I wait for it to be heard etc.

 

Cheers,

Edited by afer
Drafted my claim using MCOL and the fee is actually £105!!
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chek the remission tabe in this leaflet, If you don't meet the criteria it's right that you pay

 

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex160a-from-07-october-eng.pdf

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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I'm looking at remission 2, and the income table on page 14.

 

My gross monthly income is below the threshold given which is why I believe I qualify for the remission.

 

My question though is whether I would be better to claim the remission, or to pay the fee (which I can, albeit with difficulty) and then claim it back from the defendant.

 

Cheers,

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agree with Emmzzi. From personal experiance i would say that you can get a little more sympathy from the judge if your paperwork is less than perfect if it is obvious that you are of limited means. Also it means that a costs order against you will be pointless should you not get the decision so the ex-employer wont use an expensive lawyer's fees as a threat against you to get you to drop the matter.

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