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Self Employed Driving Work - Not Been Paid


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Hi, I am looking for some advice. I have been working for an independent company since early April doing self employed driving work (trade plating) The working week agreed was from Thursday to Wednesday with payment due the following Saturday (10 days later). Any expenses incurred for fuel and travel would also be paid in at this point. If short which on occasion I was my boss would help me with money to fuel vehicles which would be deductible from the first available wage. My boss was regularly late with payments most often citing cashflow problems as the reason. He did eventually pay what was due (well according to him anyway) so I never really bothered although I would consistently chase him for late payments. A car went missing from his yard on Tuesday 11th October. The yard is accessible to anyone with limited security and keys are often planted on wheels or in other vehicles. To cut a long story short I was accused of stealing the vehicle. I did not steal the vehicle told him this and continued to work for him, as I needed the money. Since this point the relationship was frosty. Some of the treatment I got was verging on bullying the wages became even less consistent. I was still chasing and was getting small payments here and there but never what I was due in full. Things came to a head on Wednesday 2nd November - he told me I was no longer working for him. He accused me of being late which meant late delivery of vehicles which meant he lost out on money. I was not late, I do admit to being late on previous occasion but was not this particular date - another driver was which I stated to my boss Anyway there was no changing this decision however I was still owed three weeks wages and told him I wanted these paid asap What I was owed at this point were the following weeks Thurs 13th Oct to Weds 19th Oct - Due 30th Oct Thurs 20th Oct to Weds 26th Oct - Due 5th Nov Thurs 27th Oct to Weds 2nd Nov - Due 12th Nov I also believe I was paid short the previous week also, coincidentally the week the vehicle went missing from the yard. I have no way of checking this as I never in 7 months working for him received a wage slip. Only once in that 7 month period did I receive a breakdown on what the split on my payment was ie. Wage, Fuel, Travel Expense I contacted my boss on Friday 4th November chasing the wage due the previous Saturday (30th Oct). He told me he was waiting on money in from customers however he would help me with £100 and would sort the rest of what I am due over the weekend. That is the last payment I have received from him Since then I have been chasing him on a daily basis with mixed responses - some saying he will sort it, some days completely ignoring me some days giving me downright abuse. I have threatened him with me going to citizens advice and also contacting his customers but none of this seems to have mattered. I am getting stressed out with the whole situation. I have setup a claim with my local job centre but I am not due any payment from them until mid December. I cannot afford to be without this money I have bills to pay I have borrowed money I need to repay and also it is naturally for everyone a busy time of year with Christmas coming up Last Thursday my boss accused me of stealing another car, I knew the vehicle in question had never left its starting point so told him this. I was accused of being a liar however I persevered and when trying to contact him got his partner, who was taking his calls. I explained everything that was going on. She understood my position but asked if I could inform the customer of the situation. I probably shouldn't have done this as I no longer work for the company however I spoke to the customer who sorted the issue (which was a genuine misunderstanding 3 vehicles were due to be collected from the same place - only two were) and emailed my boss asking him to collect the third vehicle That sorted that so I chased him again for my outstanding wages on the Friday morning. I still had paperwork at this point for a customers vehicle so he said if I could get this to him, I hadn't seen him to do so before this, he would sort and pay my wages over the weekend. He was quite reasonable. I had some issues to deal with last Friday so arranged for the paperwork to be left at my parents house. My boss arranged for another driver to pick up from there which was fine but my boss decided to get the driver in question to mention to my mum that I had stolen the vehicle that went missing from the yard in October. This is not acceptable as firstly I didn't and secondly this issue has nothing to do with my mum. Furthermore my mum was contacted over the weekend asking if she could return my trade plates and also the Volkswagen keys I have in my possession. Firstly this is not my mums responsibility and secondly I do not have any Volkswagen keys. I have asked several times since which Volkswagen key he is referring to but have never received a response Since Monday I have been chasing him day in day out consistently for my money as my position is getting severe. I am struggling to feed myself and power my flat. I also missed out on a job as I was unable to afford to attend the interview. This week has went something like this Monday - his partner contacted me claiming he was in hospital having taken a gallstone attack Tuesday - he contacted me was reasonably civil saying he had been in hospital and had a million things to deal with but would get round to it Wednesday - I left it until late on in the day to phone him but he told me he would call me back within half an hour. The call did come so followed up later in the evening when I was still promised a call which was never received Yesterday and today I have tried to get in contact several times via email text phone call and wats app. I have found out from an email he responded to he has now blocked my number. Therefore I have called him from withhold which he has responded to on occasion but has gave no indication of when he is intending paying these wages - I suspect never. I have also tried speaking to his partner who said she would pass on a message. Instead he has threatened to - Goto the police and report me for harassment Get an injunction in place against me I have went and saw the police this morning explained the situation and have been told I have every right to chase what I am owed as long as it isn't done in a threatening manner - which it never has been I have been civil and respectful through all this Can anybody advise what I can do. Sorry if I have went on about but I needed to get every piece of information over that I thought was relevant. Any advice would be most helpful Stewart

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Hi The Snake 1985.

You certainly have spilt your problem out in one huge post.I am sure people will advise and help you.

First problem i see is you having no money.

Is your Job Centre doing Universal Credit as i believe you can ask for one month in advance payable back over time as your claim progresses.

 

Second problem is a client who has cash problems or sometimes does, or avoids paying if he can.

He does not seem very organised,perhaps he does not know for sure what he owes you.

Do you know.If so take a invoice for work you have done.I would go round there.Carry a mobile and record what is said.

And slap the invoice in his hand.

And try to get a payment by bank transfer,not hard to do.

 

Accusing you of theft would annoy me no end and he needs to be careful otherwise you could sue for defamation.

These kind of accusations get around.

Nothing wrong with chasing as the police say,like turning up at his premises.

He is out of hospital now i suppose.

If you do not get your money and at times like this i understand the stress when a little short,this could turn into a civil matter.

A court case.If people do not pay the self employed this is where it can lead.

Of course a last option as then you could end up with 5 pound a week for eternity.

 

Be polite,do not lose it as some do at times like this.Keep at the back of your mind you just want the money that is due to you.

Well that is the best i can come up with best wishes i will follow your thread.

And just wondering what the total is that is owed to you.

Keep the texts record the phone calls if you get any from him for your own use of course and times made.

If he unblocks you that is.

Just in case you need them in the future.

Best wishes,things will work out although you would like it sooner rather than later.

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Sounds to me as if in the true word you were employed by them rather than being self employed in your own right. Who has paid your tax & NI Contributions to date? Did you register with HMRC?

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