How to get money owed to me!!!!!

kk14_2

I am in a heap of debt not helped by the fact that Ive been made redundant 5 times!! (Im only 30!).
However I took my previous employer to an Employment Tribunal and was awarded nearly £10,000. Can anyone give me advice on how to enforce payment of this. Ive had companies that say they will do it but seem a bit dodgy and want money upfront to do it. Any advice would really help as Ive been trying to sort for nearly a year! Thanks!

melaniec_2

surely you should go back to the tribunal and tell them you haven;t been paid? They are a court and enfornce these matters. I would think they would have set a time limit on it too. give them a call and tell them you haven't had the money.

Bestthingsinlifearefree

Have you contacted the employment tribunal body to ask about enforcement procedure.

Surely they enforce it on your behalf ?

Storm

You could always talk to your local CAB or union (if applicable) - did you have a representation at the tribunal, cos if so they should know more

loopyloulou_3

I would def go back to the ET about this, they will arrange enforcement

kk14_2

Thanks guys for the advice so far. The only way I can get it enforced through the tribunal is through the County Court (which I have to pay for). They purely send a letter telling them its unpaid then I can issue baliffs if theres no response but again have to pay large costs. Amazingly when you win your tribunal they only AWARD the payment they cannot ENFORCE it! Whats the point in that! This creep of a boss is away sunning himself in his villa in spain while Im struggling to cope! Wheres the justice!

Bestthingsinlifearefree

kk14 wrote:

Thanks guys for the advice so far. The only way I can get it enforced through the tribunal is through the County Court (which I have to pay for). They purely send a letter telling them its unpaid then I can issue baliffs if theres no response but again have to pay large costs. Amazingly when you win your tribunal they only AWARD the payment they cannot ENFORCE it! Whats the point in that! This creep of a boss is away sunning himself in his villa in spain while Im struggling to cope! Wheres the justice!

How much exactly are the costs and surely you would win with the letter from the tribunal and reclaim your costs.

Could you not qualify for legal aid ?

kk14_2

Just thought Id check back through the claim if taking through the courts to check the fees which were originally showing as £250. I thought Id ring them to discuss the options on this fee and was told I cant even enforce the claim online and theat I shouldnt have been sent the leaflet - they then told me just to go and get legal advice! Cant qualify for Legal aid as am not on benefits. Definately going around in circles?!! Thanks for your help though

eamon

Don't like agreeing with the tabloids but the legal system only works for those that can get legal aid and the rich.

yours

Eamon

Bestthingsinlifearefree

kk14 wrote:

Just thought Id check back through the claim if taking through the courts to check the fees which were originally showing as £250. I thought Id ring them to discuss the options on this fee and was told I cant even enforce the claim online and theat I shouldnt have been sent the leaflet - they then told me just to go and get legal advice! Cant qualify for Legal aid as am not on benefits. Definately going around in circles?!! Thanks for your help though

Could you get £250 together ?

If you are going to get 10K by pursueing the case it is worth it (are you confident that your ex-employer won't go bankrupt / wind the company up etc in the event of being forced to pay the 10K)

Are employment tribunal decisions always upheld / enforced by law ?

Would a solicitor take the case on on a no win no fee basis ? Have you approached any employment law solicitors to suggest / ask about this ?

Have you been to your Citizens Advice Bureau ?

Why not go to your local paper and get them to name and shame this company etc etc ?

Best,

justruth

The CAB will have solicitors and advice about how to do this but the reason you cannot issue the claim online is because you are entitled to the legal aid. As this is the case you have to go to the local county court and fill in a form there to state that you are on benefits.

Initially however while you are filling in all the deatils of the claim, you have to write to the company and give them 14 days to respond with a mutually acceptable payment plan (you don't have to take £1 a week as you are not a big financial institution and they can afford it). I advise obtaining proof of postage which is free at the post office counter.

If they do not repond in 14 days with the money or a mutually acceptable method of paying you, you go to the court, the form you fill in will prevent you having to pay anything so take in some proof of benefits. On the court forms apply for 8%APR on the debt (section 69 of the County Courts act 1984) although full details on how this should be calculated is in the court pack. If you do not get the legal aid for whatever reason you can also apply to have your costs reimbursed.

The CCJ route is a little daunting until you realise that your old employer probably doesn't want to go to court, with the additional costs and if he does, then once you have the CCJ and he doesn't pay you can enforce it.

It appears that your previous employer hopes that if he ignors you then you will go away. Don't let that happen.