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small claims for expenses appealing decision


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please help, case for expenses due not disputed, case to make a claim not disputed, case dismissed as not done on correct form using information of journeys completed eg post code to post code and dates. all information on electronic diary, no paper copy of visits used by any employee, accurate mileage claim relied on access to diary at work which was refused.

 

My estimated amount discussed for over one hour, gave calculation of how I had got amount, ex employer asked to produce figure for court of their estimation of amount. case dismissed due to not applying on the correct form or producing post code details proof journeys.

 

how can employer get away with knowingly agreeing to accept expenses claim when there intension was not allow access to do so in the manor they want it. The judge I fell did not exercise discretion, the claim should have been allowed and the amount only decided, really would like to appeal, the person left after bullying and this is the only thing she got out of raising the mater with district manager.

 

She now has to repay overpayment of wages that she had originally thought her expenses. the judge himself, did disclose the firm he works for does work with this company but she was happy to go ahead, but I cant help feeling all the talk about the amount mislead her into thinking she would get an award of expenses

Edited by honeybee13
Paras.
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I feel I rather rushed my first feed.

I am looking for a point of law to appeal the decision to dismiss the case on the grounds they did or if there is a way another claim can be made for the expenses which would either give access to the information required to submit the claim, or can waver the need for this information as both parties have agreed expenses can be claimed, with of course negotiation relating to the amount (an amount known to what would be the defendant of my claim as the information is on the work site)

please please if any one can help limited time to appeal

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After leaving work following a grievance meeting over non payment of expenses and bullying, the district manager of the company where I worked stated in a letter following my resignation that I could claim the expenses due.

 

I claimed the expenses the best way I could using a fair estimate, as I did not have access to the electronic office diary that help all travel information, and was when requested denied access to. I sent in the expense form supplied in the letter, enclosed all petrol receipts for the 18 month period and posted to relevant address.

 

I received a payment shortly after to which I thought was for my expenses, I knew it was less than I had claimed but I was just glad to close the door on the period so did not look into any further. I then received a letter saying they had overpaid wages, on further checking I realised that the payment was not my expenses, and quickly got into negotiations to pursue a claim again, but after several months of trying to resolve problem which just seemed to keep landing on other desks they issued a claim for the overpayment and I did a counter claim for the expenses outstanding.

 

The expenses claim was not disputed, the amount was discussed, direction was given for the defendants to produce an amount they felt represented the expenses, all the time at the hearing the only discussion and questioning was regarding the amount claimed, it was accepted to make a accurate claim access to the diary would be required and accepted this was refused, and at the hearing when asked if the court could grant access was told a bit late for that now, then after summary by their solicitor and the judge the case was dismissed on the grounds that expense claim had not been presented in the format the company requires, or on their claim form.

 

It just seems like there is something missing, because there claim was for overpayment of wages and I had had, the judgement went against me

Edited by honeybee13
Paras.
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