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    • https://www.nationaldebtline.org/EW/factsheets/Pages/debtrelieforders/droadvice.aspx   https://www.nationaldebtline.org/EW/factsheets/Pages/debtrelieforders/droadvice.aspx
    • I would have thought it easier in small claims.  Your wife very kindly and considerately wrote to her employer offering more notice than she was obliged to do.  No doubt she had the best interests of her employer in mind and wanted to give them adequate time to plan ahead and find a replacement.  To her amazement, her employer took advantage of her kindness and unreasonably treated her notice as taking immediate effect, blah, blah blah.   Personally, I think an argument like that is quite likely to succeed in small claims where they won't be accustomed to arguing the niceties of employment contracts.  It's obvious your wife is being taken advantage of.   Again, I think you are more likely to get an even-handed and fair hearing in small claims than at an ET.   However, I'm not a lawyer and I'm definitely not an employment lawyer.  See what others advise and whether anybody else thinks it would be easier and more likely to be successful simply to sue.  (Oh - and remember if you want to sue them for the money you've got six years to do so, whereas the time limits for ETs are ridiculously tight.  Can't remember off the top of my head but is it something stupid like 60 or 90 days?  Ridiculous).   Of course there may then be issues about getting future references from them.  But if you go down the ET route that'll likely be a problem anyway.    
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    • Yes but I think in a small claims court it will be far harder to prove. I have plenty of evidence to discredit the Director but again it could still not be enough.   She will be a month with no money and I think it’s far more risky than a tribunal where this action alone could result in the desired outcome.   I have said to her to request a face to face meeting to enable both parties to conclude, ideally resolve and at that point we can decide what action we wish to take.    
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Wisey

Claim form ebay user

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Posted (edited)

Tell that to the claimant. She has been evasive and nothing but rude with the "im going to make ur life hard" attitude.  

 

When your aunt is not tech savvy its not that simple. Never the less it is what it is and with any luck the judge will dismiss this for the vindictive attempt at point scoring it is.

Edited by Wisey

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I'm a bit concerned about this latest exchange because it has always cross my mind that maybe this problem has occurred simply because your aunt is not tech savvy – which is why I suggested that you should access the accounts and make sure that you had a first-hand view of all of the information.

I hope you are quite satisfied that the claimant won't suddenly be able to produce some correspondence – or evidence of the lack of correspondence which will then establish your case. Not only would your aunt lose, but her morale might take quite a knock – and also so would have you of the advice you have given her.

Don't forget, that simply because the claimant is now in possession of the cheque – is not in itself a defence to the claim. Being in possession of the cheque now does not demonstrate that the claim need not have been brought. You will definitely have to do demonstrate that you made your best efforts to pay the money and that you were rebuffed by an uncooperative claimant


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She has made her best efforts to pay. My aunt can use ebay fine. Its simpe messaging.  There has been  no lack on her side and the claimant definatly cannot produce that. 

 

Yes that would be easy  but if she doesn't give me access what can i do?   

Surely now that she has the cheque but doesnt seem to of discontinued is vindictive on the claimants part. 

 

You have been told the absolute truth of the matter here. 

 

 

The claimant was  never co-operative and very rude. As if it was deliberate.

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Okay. I'm just doublechecking.

The claimant may simply be obstinate – and also consider now that because she has incurred a court fee, she wants that back as well.

Anyway, if your aunt has refused to give you access to her eBay account to check the messages – then if something is suddenly disclosed which you had no knowledge of, at least you'll be able to stand back and say to your aunt that you did your best with the information she gave you.

Certainly, the claimant's message that she had no need to give any warning of any legal action – is itself very good evidence of the claimant's attitude


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