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Non Payment By Subcontractor

Hi
I hope someone can help. My son was recently taken on as a self employed worker by a sub-contractor in the construction industry. He was promised a years work and worked for 6 weeks with tales of I'll give you a cheque next week. He was paid small amounts in dribs and drabs but eventually the guy owned up to not being able to pay him. My son has ended up in debt as a result and was eventually given three post dated cheques to complete payments owed. The first cheque cleared but the second two bounced. The first one that bounced was represented a second time and the cheque now sent back to us. We are waiting for the same thing to happen with the second cheque. Promises were made by the sub-contractor that the money would be in the bank and these obviously haven't been honoured. Can anyone advise where my son now stands please as the sub-contractor involved knew my son already had work from another source and offered him supposedly more stable work knowing he couldn't pay him - unfortunately this is not an assumption, but something he has finally admitted.
I would appreciate any advise anyone could give.
Thanks - Sue

Comments

  • Russe11
    Russe11 Posts: 1,198 Forumite
    Well you need to put pressure on to get the money asap, small claims procedure in the county court might be the best option.

    Lesson learnt is that if you don't get paid then don't work, from when i've worked in the construction industry I know to only give one chance when it comes to payment, it must be on time and the full amount.
  • Difficult situation to be in, he will also need to find out if the contractor has submitted HMRC returns & payments as tax should have been deducted. (I am assuming that he has not got gross payment approval).

    If the recent cheque bounces, would certainly look at small claims court for the two amounts.
    A smile costs little but creates much :)
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