MCOL help not being paid for job

[Lorenz]

Hi everyone. 

My husband works as a carpenter as second job and changed the locks for a business but didn't get paid.

It's only £87 and he sent many emails to them to no avail.

They're refusing to pay because a few days later another employee lost the keys again and my husband couldn't attend, so they called another carpenter and got charged £350.

How's that my husband fault is a mystery. 

I am filling the mcol for him but when I did mine with your help (thank you again), I remember submitting evidence and timeline.

This time the mcol is only asking for a brief description of the claim.

Do I remember incorrectly?

When do you submit the evidence?

After they defend the claim? (If they defend it)

 

Thanks.

[FTMDave]

You have to prepare Particulars of Claim which indeed will be very brief.

However, judges don't take kindly to court cases being started before chances to settle the matter are exhausted.  Has you husband sent them a formal Letter of Claim?

[Lorenz]

Yes, he did.

He gave them 14 days to pay and today is day 15.

They're adamant that because he couldn't attend the second time, he's at fault for the other carpenter charging a lot of money.

Go figure that out.

My husband charged a fair price so he's supposedly obliged to attend any time they need a carpenter to save them money.

Madness.

I bet they haven't paid the other carpenter either.

[FTMDave]

Well, fine, they can argue that in front of a judge.

Please post up a draft of your PoCs.

They will be very brief, just mention the work he carried out, when, where, etc., and that he hasn't been paid despite numerous reminders.

In fact the PoCs have to be brief as there is a word limit on MCOL.

EDIT - from the MCOL guide -

The POC are restricted to 24 lines of 45 characters and a total of 1080 characters. If you type more than this the last part of your text will not appear on the claim. Please be aware that the website will only accept the following punctuation; full stop, comma, pound signs

Edited April 6 by FTMDave
Extra info added

[Lorenz]

On 19th February 2024 the Claimant agreed to replace the locks on the front door of the premises occupied by the Defendant for the sum of £87.

This job was completed to the Defendant's satisfaction. 

The Claimant invoiced the Defendant on the same day but to date payment has not been received despite numerous requests from the Claimant. 

The Defendant has stated that they do not intend to pay.

The Claimant requested payment of £87.

So, my memory is failing me.

For some reasons I remember submitting a timeline of events and evidence in my case.

[FTMDave]

The PoCs look damn perfect to me, and well within the MCOL limit.

However, given that 24 hours will change nothing, hang on a day in case others have comments.  My experience on CAG is more with the defence sort of stuff for private parking cases.

There is no need for a timeline of events or evidence at this stage.

[Lorenz]

Thanks.

I wait.

They would be stupid to defend.

The owner even sent a message to my husband thanking him for the good job at a good price.

[lolerz]

I don't think the line about the intent to pay really matters but as you're well within the MCOL limit just leave it in.

If you were close that would be the first thing to go.

Maybe mention how the invoice and payment reminders were sent?

[dx100uk]

are you using moneyclaimonline online site/form or a paper claimform and MCOL?

the new 1st one asks more questions further down the online form.

if not and a paperclaim form, then your other info will be part of your witness statement later in the process .

dx

 

 

[Lorenz]

Mcol, definitely 

[jk2054]

use the new money claims site! Its so much better and gets further faster.

 

Its all online until hearing date. No multiple months wait for allocation like the old one.

 

The one with evidence is the new one, it seems your trying to use the old one.

Edited April 6 by jk2054

[Lorenz]

I'm using this one:

MCOL - MoneyClaim Online - Welcome

WWW.MONEYCLAIM.GOV.UK

Where's the new one?

[jk2054]

https://www.moneyclaims.service.gov.uk/

 

The one your using is the old slow one where things spend months to get allocated!

Edited April 6 by jk2054

[Lorenz]

You might be mistaken, unless things have changed in the past few months as I've used your link before and things were slower 

See my ET thread and in particular this post:

https://www.consumeractiongroup.co.uk/topic/456241-employment-tribunal-hearing-coming-up/?do=findComment&comment=5213874

[FTMDave]

As no-one is disagreeing with your PoCs, then go for it!

You could even stick the boot in

On 19th February 2024 the Claimant agreed to replace the locks on the front door of the premises occupied by the Defendant for the sum of £87.

This job was completed to the Defendant's satisfaction.  The Defendant even sent the Claimant a message thanking him for the good job at a good price.

The Claimant invoiced the Defendant on the same day but to date payment has not been received despite numerous requests from the Claimant. 

The Defendant has stated that they do not intend to pay.

The Claimant requested payment of £87.

[FTMDave]

On a less silly note the last line should be in the present tense -

The Claimant claims payment of £87.

 

[FTMDave]

Personally I think your husband is in the wrong.

It's his fault this company's employees can't look after keys properly, plus that it rained over the Easter weekend and to boot that my football team completely dominated their game today, hitting the woodwork twice, yet the match finished 0-0.

He has a lot to answer for.

[jk2054]

The One I posted is faster.

 

Yes you have to issue a warrant by paper but that takes one email and one working day.

 

It gets throughj to trial faster than MCOL.

 

You can use whichervr you prefer Im just helping you with which one is fastest

[Lorenz]

Thanks,but last time I used the faster method, i ended up wasting a lot of time on the phone.

[Lorenz]

They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy.

My husband has text messages about them losing the keys a second time and also an email.

What do they hope to achieve???

Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?

[jk2054]

did you submit your directions

[Lorenz]

No, reading the guidance online it says to wait for a letter from the court.

Should I wait or submit the directions?

BTW, I assume that the directions are a longer version of the particular of claim accompanied by evidence, correct?

[FTMDave]

Yes, await the Directions Questionnaire from the court.

No, the Directions Questionnaire is just a short form and leads to the case being transferred from MCOL/CCBC to your local court.  If you Google "Form N180" you can see a blank copy on government web pages.

[AndyOrch]

3 hours ago, Lorenz said:

Should I wait or submit the directions? Directions Questionnaire N180

BTW, I assume that the directions are a longer version of the particular of claim accompanied by evidence, correct?

You mean your witness statement 

[Lorenz]

Witness statement???