Employer Paid Me With Cheque Which Has Bounced!

Steve122_2 · 2 November 2006 at 3:21PM

Hi,

My employer kept fobbing me off the whole of last month about some money which he owed me.

Basically I started working for him in August and we agreed a Salary. He never paid me in August sayiong he hadnt processed my NI number.

Then in Septmber he promised it would be rolled over into October although did give me 150 pounds.

In October I waited until the 30 th Octiober when he told me he will be losing down - I asked him about the money and he gave me a cheque.

The cheque was for 1700 pounds and has now bounced.

He wrote the cheque knowing there was no money in the account

What can I do?

Steve122_2 · 2 November 2006 at 3:22PM

He s screwed me over and I feel powerless.

I know where he lives but what does that buy me?

Astaroth · 2 November 2006 at 3:37PM

As it is a company then knowing the home address of the CEO/ Owner doesnt buy you anything.

Do you still work for the company?

If you dont then there is always the courts option - though you would normally issue against the company address rather than the owner/ boss.

May be worth speaking to ACAS about your options.

Steve122_2 · 2 November 2006 at 4:03PM

No - I m not working for them -

Who is ACS?

Thanks

Steve122_2 · 2 November 2006 at 4:06PM

What is to stop people from doing this -

I can write dozens of cheques to people knowing I have no money and it seems to me that no one can do anything to prevent them from doing this.

lazy_girl · 2 November 2006 at 4:22PM

acas - provide arbitration in cases of disputes between employer/employee. Should be your first point of call.

Do you belong to a union? Are legal expenses included in your home insurance?

If not, you need to contact the CAB or a local law centre. Or contact an employment law solicitor for a free 1/2 hour advice. If the business has gone into administration, employees' wages will have priority. If it hasn't gone into administration, you need proper legal advice. Perhaps a claim through small claims court might work?

best of luck.

Steve122_2 · 2 November 2006 at 4:33PM

No I dont belong to a union -

From what it sounds like it has not gone into administration on purpose. Can a company claim not to have enogh money but not go into administration?

How can you force a company to go into administration or pay what is owed?

olly300 · 2 November 2006 at 4:54PM

Steve122 wrote:

No I dont belong to a union -

From what it sounds like it has not gone into administration on purpose. Can a company claim not to have enogh money but not go into administration?

How can you force a company to go into administration or pay what is owed?

He probably isn't in administration but just doesn't want to pay you or his taxes.

What you need to do is write a letter to him at the company's address & send it by recorded delivery, so he cannot argue about not receiving it later. Loads of people and companies claim they don't receive letters before legal action in the post.

In the letter in bullet points state what happened and remember to put dates in even if they are approximate. (This is important if you have to take legal action against him.) At the end of the letter state that he is to send you payment within 14 days otherwise you will take further action to reclaim the money. (This last bit is important.) Keep a copy of the letter and the recorded delivery receipt.

If you don't get paid after 14 days or you get presented another cheque that bounces from him.
1. Contact Revenue and Customs fraud line. You need to do this anyway as he informed you that he mixed up your NI and due to his nature he may well not have paid it. If you don't tell Revenue and Customs you are considered guilty as well by law and this could affect you if you end up taking him to court or want to claim benefits later. https://www.taxevasionhotline.co.uk/ (Record the date you contacted them in a diary.)

2. Get advice from a CAB/legal centre about submitting a tribunal claim for unlawful deduction of wages & breach of contract, or a claim in a county court for breach of contract. A tribunal claim is free and a county court claim isn't. A legal centre will give you better information than the CAB but if you don't have one in your area you have to use a CAB.

Steve122_2 · 2 November 2006 at 5:11PM

Hi olly,

Thanks so much for your help!

The only problem I think I will face is there was no contract between I and him as he kept blaming evry one other him - First it was the solicitors , then the accountant -

Basically I did not get anything from him in writing detailing working conditions or hours.

But I did get a cheque for close to 2000 pounds for the work I had carried out.

Does this affect my claim?

How can I prove that he owes me the money. - I am so upset that he has swindled me out of hard earned money - There was a few other people involved whio also got short changed.

robby-01 · 2 November 2006 at 7:50PM

if he has paid you a cheque even if it did bounce that may be enough as it is to prove that a contract of sorts existed between the 2 of you.
If the guy issued the cheque to you knowing that the company was folding he has breached a few rules and you can take action. Much will depend on the type of company you worked for.The help of a solicitor or the cab is what you need.

philip · 2 November 2006 at 11:53PM

Phone ACAS ist thing in morning.They are in the phone book. They are the government advisory service for this sort of situation and you will find them VERY HELPFUL.It will cost you zilch.
By the way a contract of employment starts the moment you start work for the ist time and the fact that nothing is in writing will not be to your detriment.In fact it is likely to be more to your former employer's disadvatage.
Good luck.

Employer Paid Me With Cheque Which Has Bounced!

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