Unpaid Salary - what can I do?

PK_London

Hi everyone,

Im a first time poster.

I did some work for a company through an employment agency. I agreed to set myself up as a director of my limited company, through an accountancy at their push but its something im fairly happy with.

I started the job but hated it and two weeks into it my old company called and offered me my old job back. So I left. I had completed two whole weeks and my timesheets had been approved. The agent was not happy about this.

I sent my timesheets to my my accountants who then sent the agency two invoices for week 1 and week 2 of my salary a week apart. As part of the initial set up I had to set up my business bank account for my salary to be paid into and gave those details to my agency. So they were to pay my salary in accordance to the invoices directly into my limited company bank account.

However, I have only recieved the 2nd weeks payment not the first weeks. I emailed the agency who claim they sent both payments.

I spoke to my bank who confirm receipt of only one payment. They suspect when the bank details were originally sent to the agency, it was still in the process of being set up so wasnt active when the first payment was sent, therefore I received only the 2nd weeks payment.

They advise the first payment the agency made would have bounced back to them. I have emailed the agency to ask them to check whether their first payment had bounced back and if so please re-issue the payment but they have just not responded to my emails. The agent is just unhappy I walked out of the job and is being less than helpful and i suspect ignoring my emails. I have sent three emails now and have not had a response.

So now my question is, how do I recover my salary? I have an email from them confirming it was paid including a remittance so their is no disputing the money was owed/paid, but that doesnt mean I have receievd it.

I was thinking that as director of my limited company, I should re-send the agency my salary invoice again, asking for immediate payment with a reminder letter, I would then follow it up with a final demand, following that I would look at issuing a County Court claim against them. I would effectivley suing the agency for payment via my limited company.

I am working under the assumption that the onus is on them to prove I received the payment, not that they sent it. No one disputes it was sent, I dispute having received it. My bank can back up that only one payment was received not two.

Can any one please suggest any advice on how I should proceed here? As very little of this is being disputed, Im hoping the solution would be clear cut.

Many thanks!!!!!!

PK

HappyMJ

How you are planning it is the right way. It will bounce back to their account and they should reissue the payment. If they don't want to pay well it's a court claim.

PK_London

HappyMJ wrote: »

How you are planning it is the right way. It will bounce back to their account and they should reissue the payment. If they don't want to pay well it's a court claim.

Hi, the missing salary was supposedly sent over a month ago, and you are right, I would imagine unsuccessful payments would have bounced back in the agencys account. I did actually point this out in my last email to them but I have had no response.

I just want to make sure I do the right thing by following the correct procedures before things get unneccessarily out of hand.

So I will wait until next week to allow them seven days to respond to my last email earlier on this week, then I'll just send a reminder letter direct to their Finance Director, asking them to settle my salary invoice or confirm when it was sent (I'll confirm non-receipt) and then they I imagine will contact their bank who should confirm transaction failed or which bank account it was sent to. I'd find it odd how one salary was paid but not the other if they use the same bank details.

If they fail to respond, I'll send them a final demand.

Failing that I guess my only option is a county court claim.

I have all the evidence, timesheets, confirmation etc. I just want to make sure that if I take it to that stage I have taken all the correct steps before hand to make sure my case is as strong as possible.

Does anyone have any suggestions or advice before I continue?

Many thanks!!!!

PK

jobbingmusician

Why County Court? Wouldn't a week's salary be claimable under a small claims court claim? A LOT cheaper......:D

PK_London

jobbingmusician wrote: »

Why County Court? Wouldn't a week's salary be claimable under a small claims court claim? A LOT cheaper......:D

You, see I dont know the difference!

Actually I just spoke to my bank one more time and got them to dig. Basically funds were sent on the 1st April, the account hadnt been fully set up so they transferred the funds back to the agency, they gave me all the dates and details. My agent doesnt seem to be responding to my emails so I sent her another email just now but this time with all the details from the bank so they have no excuse not to find it.

If I receive no response then I will email all details to the Finance Director, I would imagine if they can see theyre in the wrong, they will just settle this and be done.

Assuming the worst comes to the worst, I need to take this to legal.

Like you say, I should go to the small claims court. How do you suggest I go about this and can you give me general advice on procedures and where I stand on this and what I should do???

Thanks

PK

PK_London

I rang their office this morning with withholding my number wanting to speak to payroll but my agent answered so I just hung up. I emailed her with the details of what my bank have advised me. Then at 6pm tonight I get an out of office message saying she is away for the next 2 weeks!

Im all but certain I am being played here and I feel that the expectation is that I just give up and disappear!