ex employer trying to make deductions

DVardysShadow

doodoot wrote: »

his email is irrelevant so don't get drawn into conversation with him.

I agree. Just send off the Letter before Action, don't waste time on this

zzzLazyDaisy

I agree. Send a letter before action detailing the sums owed, and telling him that if you do not receive the money within 14 days you will commence legal proceedings and no further notice will be given.

Do not ask for receipts, invoices or anything else.

As said above make sure you get your tribunal claim in within 3 months - to work out the cut off date, start with the last day of service, go three calendar months forward and one day back. That is you last day, but I always advise to assume the last date is two weeks earlier to allow for mishaps.

The claim you need to make is unlawful deduction from wages.

DO NOT make a claim for breach of contract, as that leaves the door open for the employer to counter-claim for breach of contract and then it can get messy.

Also - and this is important - if you start proceedings, do not agree to settle out of court, take it all the way. Why? Because if the tribunal makes a ruling that the employer has made an unlawful deduction, the employer then loses the right to claim the money by any other means - so they can't pay you back and then start court proceedings for the money that they claim you owe. But if you settle out of court, the tribunal doesn't make the ruling and the above comments don't apply.

BUT all the above comments are based on the fact that you haven't signed anything to allow deductions from yoyur wages. This is quite unusual these days, so do double check your contract to make sure there is no deductions clause in the contract. If there is, com eback to us, because the advice may be different.

andystephens

My contract said nothing about deduction from wages. the copy i signed he never received anyway as i think it was lost in the post. that was the only thing i signed

newbutold

andystephens wrote: »

My contract said nothing about deduction from wages. the copy i signed he never received anyway as i think it was lost in the post. that was the only thing i signed

Well in that case, get before action letter in the post tomorrow and follow the good advise given by lazydaisy.

andystephens

Update. Today received 2 letters. One said that my letter was passed to his solicitors and they will be in touch. The second one said he was disappointed he had not received my payment and is giving me 7 days to pay or he will issue a ccj next to my name. He said according to legal advice he will charge interest at 16%. Still not seen any invoices or receipts for what i apparently owe!

kingfisherblue

Did you send the letter of action, as advised by daisy?

animalhouse

He can't issue a CCJ (county court judgement) next to your name - one would be added to the credit information held by the credit reference agencies about you AFTER he had taken you to court for the money and had won.
I'd just stick with what Daisy and DootDoot are advising and don't get into any conversations (written or otherwise) with him.

real1314

andystephens wrote: »

Update. Today received 2 letters. One said that my letter was passed to his solicitors and they will be in touch. The second one said he was disappointed he had not received my payment and is giving me 7 days to pay or he will issue a ccj next to my name. He said according to legal advice he will charge interest at 16%. Still not seen any invoices or receipts for what i apparently owe!

His solicititor must be an idiot (or more likely non-existant); the rate of interest that can usually be charged is 8% above BoE base (which is 0.5% currently), so 8.5% per annum.

He's a chancer. And not a very good one. :cool:

vax2002

I would ask him to hurry up with his CCJ, it is the best thing he could do, as you can then issue a counter claim for what he owes you, the judge will see straight through him and he will have to be there for his claim, however it may just be a delaying tactic.
If you have issued the NBA letter, issue a final warning giving 7 more days then on day 21 file your claim with money claim on-line.

Now the hard bit, was this company a limited company or is he a sole trader, it will be on invoices as LTD if not he will be a sole trader, a Sole trader is far better than trying to sue a LTD company.

andystephens

Yes i did send the letter so will just ignore his one and just make the claim. He was a ltd company