Can I Get My Money?

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24

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  • iNeedHoney
    iNeedHoney Posts: 13 Forumite
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    Guest101 wrote: »
    Well a LBA is just an outline of your claim, you don't need to prove it at this stage.


    So typically include the amount, why you think it's owed, your payment terms (e.g. transfer within 14 days).


    You can google some templates, I think CAB have a good one

    Sorry for the ignorance but what is LBA ? And from what you're saying I can get my money without having pretty much zero proof?
  • Guest101
    Guest101 Posts: 15,764 Forumite
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    iNeedHoney wrote: »
    Sorry for the ignorance but what is LBA ? And from what you're saying I can get my money without having pretty much zero proof?



    ok, step by step:


    LBA = Letter before Action - something you must send (or you are strongly advised to!) to anyone you are claiming money from, before going to court


    It depends on what happens after that. Sometimes the person simply pays as they don't want to risk going to court and having additional costs to pay. Sometimes they don't respond at all.


    You can then issue a small claim, cost is dependant on the amount claimed (google 'MCOL')


    At this stage if the other party fails to respond, you win by default.


    Even if they do respond, you can still win as the burden of proof is more sure than not (ie 51%), so if you can convince the judge that you are owed this money and order will be made for payment (a CCJ will be issued), if they fail to pay then a CCJ will be registered against them.
  • iNeedHoney
    iNeedHoney Posts: 13 Forumite
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    Thank you so much and sorry for being so clueless...I was reading about LBA's and it said one of the things to include is "copies of the key documents that you'll use to support your case"

    I don't have any key documents and I also want to know lets say he ignores my LBA then will I have a chance to win in court despite not having a Tax number and no real information to pass over?
  • Samsung_Note2
    Samsung_Note2 Posts: 774 Forumite
    edited 5 September 2017 at 6:53PM
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    iNeedHoney....you have been working cash in hand,sounds like as you've given no NI or UTR you will owe both to tax man.

    Id walk away and remember next time you need to agree in writing pay rates..pay dates...make sure they ask for your NI number and a p45 or p46.

    Simply doing the hours and hope to get paid in our industry is quite honestly a 50/50 gamble.

    Expensive lesson...learn from it mate and all the best for future.
  • iNeedHoney
    iNeedHoney Posts: 13 Forumite
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    Samsung_Note2 wrote: »
    iNeedHoney....you have been working cash in hand,sounds like as you've given no NI or UTR you will owe both to tax man.

    Id walk away and remember next time you need to agree in writing pay rates..pay dates...make sure they ask for your NI number and a p45 or p46.

    Simply doing the hours and hope to get paid in our industry is quite honestly a 50/50 gamble.

    Expensive lesson...learn from it mate and all the best for future.

    Yeah well bank transfer, I guess thats equivalent of cash in hand in this day and age...but even so can't I get the money and would I really owe the tax man because it's not like I've been earning over 15k which I heard is tax free when you become self employed...this amount I'm owed is only £200
  • jobbingmusician
    jobbingmusician Posts: 20,343 Forumite
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    OK, here's your LBA.

    Headed paper (knock some up on the computer)

    His address
    Today's date.

    Dear xxxx

    LETTER BEFORE ACTION

    We agreed that I would work for you doing door supervisor work at a rate of xxx per hour. I worked for you from x.x.2017 to x.x.2017, when I gave you notice that due to your failure to issue with me a fixed rota, I could no longer work for you.

    I calculate that you owe me £198 for the work I performed during this period. I have attached a calculation showing the hours I worked, and what you have paid to date. I have tried to contact you by various means including phone and email [or whatever you have tried] but I cannot get hold of you. This letter is to inform you that if I do not receive payment in full by 13.9.17 [a full week after sending this email] I will pursue this claim through the small claims court, using Money Claims Online.

    I look forward to hearing from you with full payment.

    Yours sincerely


    If you do decide to use MCOL it is very simple to use, and will cost you the minimum fee of £35 (which, obviously, you add to your claim against the agency).
    I was a board guide here for many years, but have now resigned. Amicably, but I think it reflects very poorly on MSE that I have not even received an acknowledgement of my resignation! Poor show, MSE.

    This signature was changed on 6.4.22. This is an experiment to see if anyone from MSE picks up on this comment.
  • iNeedHoney
    iNeedHoney Posts: 13 Forumite
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    Considering I don't have UTR number or am not even signed up for self-employed will this work? This is what I really need to know because I don't have much clue on how this work, some people in here have said I don't have much of a chance as it's basically "cash in hand" (not literally but yeah) we didn't agree any contract, he didn't ask me for anything document wise so do I really have a chance?
  • Guest101
    Guest101 Posts: 15,764 Forumite
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    iNeedHoney wrote: »
    Considering I don't have UTR number or am not even signed up for self-employed will this work? This is what I really need to know because I don't have much clue on how this work, some people in here have said I don't have much of a chance as it's basically "cash in hand" (not literally but yeah) we didn't agree any contract, he didn't ask me for anything document wise so do I really have a chance?
    Yes, but it's not 100%.


    A judge could believe you if you come across eloquently and confidently.


    If you lose, the costs are typically limited to the £35 fee and approx. £100 in costs to the other side (for a simple hearing)
  • iNeedHoney
    iNeedHoney Posts: 13 Forumite
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    Guest101 wrote: »
    Yes, but it's not 100%.


    A judge could believe you if you come across eloquently and confidently.


    If you lose, the costs are typically limited to the £35 fee and approx. £100 in costs to the other side (for a simple hearing)

    I see, how soon after will I have to go to court lets say if he doesn't respond to the email? Also I technically do have proof but it's on his end (the sign in sheets we use before work and I guess also with the owners of the sites they can check that I was there)

    I should know where the sheets are for two of the places as they are kept in the places of work
  • Guest101
    Guest101 Posts: 15,764 Forumite
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    iNeedHoney wrote: »
    I see, how soon after will I have to go to court lets say if he doesn't respond to the email? Also I technically do have proof but it's on his end (the sign in sheets we use before work and I guess also with the owners of the sites they can check that I was there)

    I should know where the sheets are for two of the places as they are kept in the places of work
    Unfortunately those will likely be missing, or simply not provided.


    As soon as the deadline is passed you can make a claim online, court would be 6 weeks or more afterwards
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