Made a MCOL against ex-boss, what now?***Judgment and full payment received***

[Buel10]

Hi all.

Very briefly, my friend worked for an employer last year who paid him by bank transfer and never gave him a pay slip.

My friend resigned at Christmas and since then has sent letters to the employer asking for payment for 2 days worked, 2 days bank holiday pay and 2 days holiday pay. He has since asked me to help him make a claim against his ex-employer.

Evidence-wise, we have this:

 

• Original advert in local paper
  
• Bank Statements showing 7 bank transfers made to my friend's bank account starting on 11.9.2015 and ending 18.12.2015 totalling £4718
  
• Copies of letter and email sent to employer
  
• Proof of receipt of letter.
  

He is owed money for the last 2 days he worked (21&22 December 2015), 2 days holiday pay and 2 days bank holiday pay. He works this out as £9 x 8 hours x 6 days=£432

Is this the correct amount or do we work out the Tax and NI he would have had deducted? (although his employer, apparently, never paid his NI or Tax)

 

My question is, do you think that we have enough evidence to proceed? And, if so, is an LBA the next move, detailing the above information?

 

Thank you in advance,

B

[honeybee13]

Hello Buel.

 

Is this the same friend that you posted about recently who had employment problems?

 

I don't mean to sound grumpy, but it's usually easier for the advisers is the friend signs up himself and answers any questions that would help the advisers to offer their advice. Is this possible please?

 

HB

[Buel10]

Hello there and thank you. You don't sound grumpy

 

No, this is nothing to do with any of my other threads - this guy is 62, now works with me and is not computer-literate. I don't think there will be too many complications with this thread, I just need to know:

1. Is the amount that 'we' are claiming correct or does it need changing due to Tax and NI?

2. Is a LBA the next option?

3. Any opinions on whether the evidence we currently have is enough?

[Conniff]

I would say he has had plenty enough time to counter the claim so yes, lba should be next.

[Buel10]

I would say he has had plenty enough time to counter the claim so yes, lba should be next.

Thank you for that, much appreciated.

Can I just double check if the amount that 'we' are claiming correct or does it need changing due to Tax and NI?

 

Can anyone help me with this, please?

[ericsbrother]

no, that is the employers job to work out and show that it has been deducted and paid to HMRC. The lba will say how much is owed and why. A simple calculation based on pay rate and days owed will do and give 14 days to pay up/respond with own calculations if they dispute the amount or court claim will be issued without further notice..

Letter headed "Letter Before Action" a must, you can add this is under civil procedure rules ect if you want.

Thank you for that, much appreciated.

Can I just double check if the amount that 'we' are claiming correct or does it need changing due to Tax and NI?

[Buel10]

Brilliant!!!

Than you for that!!

[steampowered]

I would just ask for the full amount. If he wants to reduce it for tax and NI, that is for him to state. I wouldn't bother doing his calculation for him.

[Buel10]

Brilliant!!

 

Is there a template for an LBA for this scenario?

 

Or is it something like:

Dear xxxx

This is a letter before action. You have 14 days to reimburse me for the money you owe me for xxxx xxxx.

The total amount you owe me is £xxx

Please respond or repay me this money withi 14 days or I shall be forced to make a court claim via MCOL.

I hope to hear from you on this,

xxx xxx

[Sidewinder]

Personally I would make it a little more professional and add more substance

Dear Sir

Letter Before Claim

 

Further to protracted correspondence regarding my employment with [Company Name] and wages and holiday pay which I believe are still due to me, I am yet to receive either payment or a satisfactory explanation of why you do not consider that this or any amount is due.

 

Consequently, and in an effort to resolve this matter without legal action, please see below a breakdown of the amount which I am owed

 

Wages for working on 21st and 22nd December 2015 - £XXX.XX

Outstanding Holiday Pay for 2 days accrued during service and not taken - £XXX.XX

Bank Holiday Pay for working on [Dates] - £XXX.XX

 

Total Amount due - £XXX.XX

 

I request that the amount above is paid, or that you provide details of why you do not consider the money to be owed, within 14 days of the date of this letter. Should you not comply with this Letter Before Claim, I will be forced to seek redress through the County Court and will be seeking costs and interest in addition to the amount owed.

 

I trust that you will give this matter your prompt attention

 

Yours faithfully

 

[Buel10]

Doh! That is perfect, just perfect.

Thank you ALL, guys - much appreciated!!

[Buel10]

Quick question - my friend started work on 17th August 2015 and finished work on 22 December 2015 and resigned by email on January 3rd.

Is it just the 25th and 26th bank holiday pay that he should be claiming?

[ericsbrother]

depends on the working pattern of the company, how they allocate annual leave etc. there is no single answer. He needs to calculate how many days he worked, what elave he took in that time if any and then he can calculate the amount of holiday pay he is owed, the specific days are not relevant unless he has a contract saying that christmas and bank holidays are paid anyway and not part of his leave entitlement.

So, back to post 1

[Buel10]

Hi all.

Well the bloke didn't respond to the letter so I am keen to go the MCOL route now.

Please can I ask for any tips? Is it just a case of explain the issue and provide the evidence, please?

[AndyOrch]

Hi all.

Well the bloke didn't respond to the letter so I am keen to go the MCOL route now.

Please can I ask for any tips? Is it just a case of explain the issue and provide the evidence, please?

 

All is explained with guidance on the MCOL website Buel..follow the instructions carefully.

 

Regards

 

Andy

[Buel10]

Thank you very much for that.

Quick one - is there a method for working out the statutory 8% interest, please?

 

Hello all.

I have just made an MCOL claim against my friend's boss for him.

 

 

I have paid the fee and received the notification of the payment but after looking over the guide I see something called the 'Serving additional particulars of claim'. I don't really understand this - please can someone explain? Also, is there anything else that I need to do or has the claim started?

[honeybee13]

Hello there.

 

I've merged your threads so that the information stays together.

 

HB

[Buel10]

Hello there.

 

I've merged your threads so that the information stays together.

 

HB

 

Ooop! Sorry for that. Doh!

[AndyOrch]

Thank you very much for that.

Quick one - is there a method for working out the statutory 8% interest, please?

MCOl works it out for you automatically once you state you wish to claim sec69 interest

 

Hello all.

I have just made an MCOL claim against my friend's boss for him. I have paid the fee and received the notification of the payment but after looking over the guide I see something called the 'Serving additional particulars of claim'. I don't really understand this - please can someone explain? Also, is there anything else that I need to do or has the claim started?

 

Thats if the space allowed is inadequate to fit your particulars...you can serve separate more particularised particulars.

 

Andy

[Buel10]

MCOl works it out for you automatically once you state you wish to claim sec69 interest

Doh! I chose the County Courts Act option and worked out the interest as:

The claimant claims interest under section 69

of the County Courts Act 1984 at the rate of

8% a year from 26/12/2015 to 13/10/2016 on

£432.00 and also interest at the same

rate up to the date of judgment or earlier

payment at a daily rate of £0.09.

 

As for the particulars of claim, I was given enough room to explain why my friend was claiming the amount but wasn't sure if there was anything else to add (I thought that I would have to upload documents, etc)

 

So is the ball rolling now, so to speak? Does my friend just wait to see if the defendant challenges the claim?

[martin2006]

The claim will be issued to the defendant, who then has upto 33 days to fike a defense to the claim.

[dx100uk]

moved to general legal forum

 

 

dx

[Buel10]

Hi all.

 

The claim has been filed. Yay!! Please can I ask how I check whether the defendant has acknowledged the claim? I've been on MCOL and it doesn't seem to show anything regarding that.

From memory, don't you have to phone the local court or something similar?

[AndyOrch]

The status should change on MCOL once acknowledgement of service is completed...and then again once a defence has been submitted

[Buel10]

Thank you. It would seem that he is yet to acknowledge it. If he doesn't, is it an automatic win for my friend? And does he have 14 days from the date of issue, please?