Not been paid by work

[Ftgab19]

Would this be okay for a LBA?

 

 

LETTER BEFORE ACTION

 

Dear Sir/Madam

I am very disappointed that you have failed to give a satisfactory response to my letter dated 12th December 2016.

 

I worked seven 8 hour days in good faith for your company totaling 56 hours at a rate of £7.20 an hour. I am owed £403.20 by your company for work carried out between the 14th November 2016 and the 23rd November 2016.

 

I will give you until the 21st January 2017 to reconsider then I shall begin a claim against you in the courts without further notice.

Yours sincerely,

 

Andrew

 

Thanks

Andrew

[ssparks2003]

I would only be offering 7 days to resolve before court action

[ericsbrother]

no it wont do at all.

 

as said it must state at the very beginning that it is a letter before action under civil procedure regs. as for the bulk of it you say you are owed £x or y hours worked that has remained unpaid to date and that you require payment within the next 14 days or action will be taken to recover the monies due.

This was alreadty made clear but you waffle again

Would this be okay for a LBA?

 

 

LETTER BEFORE ACTION

 

Dear Sir/Madam

I am very disappointed that you have failed to give a satisfactory response to my letter dated 12th December 2016.

 

I worked seven 8 hour days in good faith for your company totaling 56 hours at a rate of £7.20 an hour. I am owed £403.20 by your company for work carried out between the 14th November 2016 and the 23rd November 2016.

 

I will give you until the 21st January 2017 to reconsider then I shall begin a claim against you in the courts without further notice.

Yours sincerely,

 

Andrew

 

Thanks

Andrew

[Ftgab19]

Sorry for waffling ericsbrother

 

Will this LBA be okay?

 

LETTER BEFORE ACTION UNDER CIVIL PROCEDURE

 

Dear Sir/Madam

I am owed £403.20 by your company and this sum has remained unpaid to this date. I require payment of this sum within the next 14 days or action will be taken to recover the monies due.

 

Yours sincerely,

 

Andrew

 

 

Thanks

Andrew

[ericsbrother]

I would add the why this sum is owed as originally explained and as you put in your first draft, the bit I would have dropped from that was where you say "I am very disappointed" and a worked in good faith".

so you say, I am owed £x for y hours worked between the ?th of Nov 2016 and the *th of the same, a total of hh hours@ the agreed rate £aa per hour. If this sum i not paid within the next 14 days then action will be taken to recover the monies withour further notice

BTW where it wrote Civil Procedure Regs it changes the words to a hyperlink so add the word Regulations after CP

[Ftgab19]

Update

 

I still haven't received any response to my LBA from the company. There timeline ran-out on the 25/01/2017 and I've give them even more time and still nothing. Should I send the N1 form now and if so will the following be okay?

 

Brief details of claim:

This claim is for the return of the sum owed by xxx Ltd for breach of contract for employment between the dates of the 14/11/2016 and the 23/11/2016. The claimant will also be claiming 8% simple interest and would like the monies owed to be payed by cheque.

 

Amount claimed: £408.87 (includes interest)

Court fee: £50.00

 

Particulars of Claim:

1. The sum of £403.20 is owed by the Defendant for a breach of contract for employment.

 

2. The plaintiff was employed by the Defendant who failed to pay him for 56 hours worked over a 7 day period @£7.20ph between the dates 14/11/16 and the 23/11/16. And despite agreeing to pay it by the 6/12/16 and further requests for this sum it still remains unpaid.

 

3. Accordingly the Claimant claims:

a) The amount owed by the Defendant for hours worked is payed to the Claimant.

 

b) The Claimant claims interest under Section 69 of the County Courts Act 1984 at the rate of 8 per cent a year from 06/12/2016 to 08/02/2017 of £5.67. And also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.08.

 

Thanks

Andrew

[ericsbrother]

that is fine. When your ex-employer get this they have 3 choices, pay up, deny that anything is owed and then it goes to a full hearing eventually, or agree they owe something and say what that sum is. You can then use mediation if you disagree witht heir figures to try and thrash out the differences in your positions.

They probably expect you to take them to an ET rather than county court and were banking on the cost of doing so putting you off. I would expect them to be in touch soon after getting their N1 from the court but keep off the phone and no email either, make it formal.

[Ftgab19]

Sorry for the late reply.

 

I sent the n1 form off on the 08/02/2017 and I'll happy only reply in writing

 

I'll keep this place updated

 

Andrew

[Ftgab19]

Update

 

I got the Notice of Issue today and it says they now have until the 10/04/2017 to reply.

 

I'll upload the Notice of Issue for everyone to see.

 

Andrew

NOI.pdf

[ericsbrother]

then on the 11th you look at you mcol claim and see if they have responded. If they havent you ask for a summary judgement in your favour. Bera in mind if they send in paper responses it may take a couple of days for it to be posted up online so check agin on the 14th say to see what is what.

[letsmakeamark]

You can even phone up and quote your claim no and they will tell you over the phone.

[ericsbrother]

if you can get through. Court service generally helpful but impossible to get connected most of the time.

You can even phone up and quote your claim no and they will tell you over the phone.

[Ftgab19]

Update

 

The company ran out of time to file the defence so I send of the RFJ at 4:38pm on the 24/04/2017. I phoned the court today and there defence is still not on the system.

 

I'll upload the RFJ for everyone to see.

 

Andrew

images (12).pdf

[ericsbrother]

good, if they ask for a set aside dont agree to it and then they will have to pay for one.

Why didnt you get this sent in the day after the deadline though?

[Ftgab19]

Hi Ericsbrother

 

I won't be agreeing to any set aside, I worked the hours and I want the money

 

I sent it that day because the girl on the phone from the court said it's fine as long as it was sent after 4:00pm and told me to send it, I got off the phone at 4:25pm and sent it off about 10mins later.

 

Andrew

[ericsbrother]

no, I meant why did you wait until the 24th when you could have sent it in on the 11th. Basically you have given them an extra fortnight's grace and they will think that you are not as serious as you should be.

When you get posts on your thread you should read them carefully and then you will get the protocols right

[Ftgab19]

I waited because they acknowledge the claim so they got extra time. Looking back I forgot I didn't update everyone that they acknowledged the claim. My bad.

 

Andrew

[Ftgab19]

Update

 

I received the N149A form on the 10/05/2017 with the defence of the Defendant. The courts give me until 26/05/2017 to file the N180 form.

 

In the Defendants defence, they state they do not have an employee’s starter form on file for me or have any record of the call I made to their recruitment member of staff on the 06/12/2016 at 15:07 about my overdue pay cheque.

 

They do not however dispute the days I worked for them besides saying I didn't take unpaid breaks into account when working out the hours I worked for them.

 

They also say they didn't receive any communication over this matter apart from the claim form they received on the 27/03/2017. This isn't true because I sent them two letters before issuing the claim form. One about my phone call and demand for payment dated the 12/12/2016 and a LBA dated the 09/01/2017.

 

I am not sure why they haven't explained why I wasn't payed in the first place or are trying to lie about receiving a phone call or the letters I sent. I have evidence of the call and the letters sent. I will file the N180 form as soon as I can and will upload a copy of the N149A and the defence but I would like advice on what to say about the denial of the phone call and the letters in the future medication appointment.

 

Thanks

Andrew

NOPATTCT 09052017dp.pdf

[ericsbrother]

you will need to produce all of your paperwork as part of your witness statement. Phone records as well. Proof that you phoned them on the xxth of YYY to initiate this will also help. This is all about shwoing an impartial observer that your version of events is more likely than theirs. If they say you never wrote and you have a copy of the letter then it will be a taken that the letter was received.

Currently they arent arguing that there isnt a claim but they are bleating "not fair" and somehow hoping that it will be kicked into touch just becasue they dont like it. Get your figures and timelines absolutely correct and you are home and dry.

Cross dates, use the wrong hours and dont show a full account of the what and whens and you will find it hard going.

BTW you do not say they are lying, you say that you did this and that and it wasnt actioned upon or replied to. They may be lying or it may be that someone who was supposed to be dealing with things left and no-one else has a clue what it is about.

[Ftgab19]

Hi Ericsbrother

 

I've sent the N180 forms off to the court and company. Do you think it will need to go as far as the witness statement? I got from the defence that they might settle at the medication appointment.

 

I'll get the records from my phone company, the job interview emails and the letters before the claim ready anyway just in case. I'm in no rush for the money and I want an explanation as to why they didn't pay me in the first place and wasted all this time doing nothing until they got a court claim sent to them.

 

I'll check there calculations to make sure there figures are correct for the medication appointment.

 

Thanks

Andrew

[ericsbrother]

who knows? You are miles away from that at the moment. If at mediation they say they have calculated they owe you £xxx and your calculations are for £YYY be careful to consider the offer if the difference is roughly what the court costs will be. So, if their offer is £50 less than your claim including costs not accepting may see you admonished later for continuing

You do not have to accept mediation so if you feel you would be put in this position to limit their costs just say no to it by ticking the no to mediation box on the form. There is nothing read into this later

[Ftgab19]

Hi Ericsbrother

 

The court claim hasn't costed me anything yet besides the cost of printing and sending the correspondence. Also, since I'm currently unemployed and was when I sent it off I'll not have to pay the fee. So how will that come into considering there offers at mediation? Because I've already said I will and sent it off.

 

Thanks

Andrew

[letsmakeamark]

You cannot consider Court fees unless you have paid them. So if they make you an offer which is near what you are expecting. If they are say £10-£15 off the mark then i would settle. As if you go down the court route then you may struggle. If you have reasonable stationery and postal costs etc then these should have been in your original claim before you submitted it. However if you goto mediation you can put this accross. However again you must calculte how much of a risk it is to take an offer or then goto court and try and gain the extra. Like i said if you are looking to gain £10-£15 then i would give accept what is offerred and give them your savings account number. If the money is not there by the hearing date then attend court. Do not what ever you do ignore the hearing date.

[ericsbrother]

Can you fully justify your claim? by that I mean show exactly why every penny is owed with evidence to support the claim. If so you know what you are likely to get. If via mediation they say that they are willing to settle but wnat to deny actual liability then does it make a difference to you- you arent going to sue them for whiplash at some point in the future so letting them pay up with no admission of fault isnt going to harm you.

Like suggested above, if they think that you have got your sums wrong and can show their sums add up to a few pounds less is that acceptable to you? An offer of much less with no thought to how this offer is calculated wouldnt be acceptable to me but it is not my claim. If you cant agree you cant agree and each side takes a certain amount of risk but generally the truth comes out on the day and it ends up as all or nothing. yor ex-employer may be pig headed and that is not something that mediation can do much about so have your sums and the points you want kept to handy and see what happens. If ther offer(if they make one) isnt acceptable you just say so and it all moves on.