Breach of contract

[rennai]

Hi All,

 

I really would appreciate any help/advice regarding this matter.

 

I worked as a contractor for this coy delivering orders for a retailer.

 

Signed contract stipulated among others; 1) £8/hr and 2) one week notice upon termination of contract by either party. I started when I was desperately in need of job, after working first week they paid only min wage, and some months down the line £7/hr, and some weeks back they terminated contract without notice. They're in breach of said contract.

 

They're also owing me final wages because I've not returned company property.

 

When I started they gave a contract to sign but didn't give me a copy to keep. I only know of said breach after I sent letter threatening court action and insisting they sent me a copy of signed contract.

 

Any suggestion would be welcome. Thanks

[ssparks2003]

I would suggest posting the whole contract with your personal details removed so people can give you better advise

[rennai]

Hi ssparks2003

 

[martin2006]

First and foremost, return whatever company owned property you still have, you dont want to risk being charged with theft.

 

Secondly, calculate what you think are owed in unpaid/underpaid wages, loss of pay in lieu of notice etc and draft a letter asking for payment.

 

The remaining process would then be LBA and small claims issue.

 

Can you also clarify why your contract was terminated, if you were given a reason?

[rennai]

Contract attached, could gurus in the forum advise please. Many thanks

[martin2006]

Following on from my post #4.

 

The contract requires you to provide an invoice, have you done this? this would be your preliminary request for payment.

 

If you have, it should have been paid within 7 days according to your contract.

 

Although either party can terminate upon written notice of 1 week, it appears to be a 0 hrs contract so i'm not certain that you would be due any payment in lieu of notice, someone more knowledgeable will soon be along to add further advice.

[rennai]

Guys,

 

I need advice asap re: this thread? This company haven't paid me and recently don't reply to my letters (LBA, etc). I don't know if I can still take them to court because today I receive an email from board of directors stating that they're going into Liquidation.

[rennai]

Dear All

 

 

I write to advise that on 18 March 2016 the Board made the decision to take steps to place the Company into Liquidation.

 

 

A meeting of the Company's creditors has been convened for 7 April 2016, which is due to be held in Euston, London.

 

 

The position regarding the Company's assets and liabilities is currently unclear and more information will follow at the meeting, on 7. April 2016.

 

 

Written communication will be sent to you all creditors of the company this week. This will be sent by email or post depending on the contact details the Company holds for you.

 

 

Kind regards

 

 

The Board of Directors

[rennai]

That's pasted copy from email I received today.

[rennai]

Any advice would be highly appreciated. Thanks guys

[rennai]

Hi All,

 

I'm re-posting this thread because the company in default stopped replying my letter and, just yesterday they wrote me that they're going into LIQUIDATION.

 

 

I really would appreciate any help/advice regarding this matter in light of recent development.

 

I worked as a contractor for this coy delivering orders to retailers.

 

Signed contract stipulated among others; 1) £8/hr and 2) one week notice upon termination of contract by either party. I started when I was desperately in need of job, after working first week they paid only min wage, and some months down the line £7/hr, and some weeks back they terminated contract without notice. They're in breach of said contract.

 

If I sue them for Breach of Contract, unpaid wages, will I be awarded compensation for Breach of Contract? And if yes, who and what determines the amount for breach of contract, is it stipulated amount??

 

I returned all company equipment but, they're still owing me final wages.

 

When I started they issued me a contract to sign but didn't give me a copy to keep. I only know of said breach after I sent letter threatening court action and insisting they sent me a copy of signed contract.

 

Thank you very much for your time.

[martin2006]

Hi rennai,

Please keep to the one thread for posting updates, will merge the threads to avoid confusion

 

Martin

[citizenB]

2 threads on the same issue, merged as requested.

[martin2006]

Thankyou CB

[martin2006]

Ok rennai, how i see things is this, you will be wasting your time and money going to court, even if you won there will be no company funds to pay you.

 

If you have your invoice totals i would suggest you now get in touch with whoever the insolvency practitioner is and lodge a claim as a creditor.

 

Regards

 

Martin

[rennai]

Ok rennai, how i see things is this, you will be wasting your time and money going to court, even if you won there will be no company funds to pay you.

 

If you have your invoice totals i would suggest you now get in touch with whoever the insolvency practitioner is and lodge a claim as a creditor.

 

Regards

 

Martin

 

 

Thanks for your tip Martin. From their letter of notice for liquidation, do you think I'm supposed to attend the meeting they said is for creditors? I haven't been invited though.

[martin2006]

Yes but you wont be invited to attend if they dont know your a creditor, get your claim in with the liquidator

[rennai]

Yes but you wont be invited to attend if they dont know your a creditor, get your claim in with the liquidator

 

 

thanks martin2006

 

A liquidator hasn't been appointed yet, I checked with company house, said coy is still active.....it seems they've just decision to go bust or are in the process of liquidating. I just resubmitted invoice to managing director. no response yet. meanwhile the meeting of creditors is scheduled for 7th April 16

[martin2006]

Just make sure your listed as a creditor prior to the meeting

[rennai]

Just make sure your listed as a creditor prior to the meeting

 

 

any suggestion on how I can make sure I'm listed as a creditor?

[martin2006]

Contact the company and ask who the insolvency practitioners are:

 

Then contact the IP, alternatively, these details are usually in the local press when a company goes bust but it would be a better idea to get in touch yourself

[AndyOrch]

any suggestion on how I can make sure I'm listed as a creditor?

 

https://www.icaew.com/~/media/corporate/files/technical/insolvency/publications/about%20insolvency.ashx

 

Page 6.

 

Andy

[rennai]

Thanks martin2006. Update: I was listed as a creditor, invited for meetings. Liquidator now appointed. I hope I get any money from what I'm owed.