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small claims court advice
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[Deleted User]
Posts: 0 Newbie

Hi all,
I didn't really know where to section this post, but here it goes:
I worked for a agency in children's homes, the home I was in paid a fuel allowance directly to the agency worker if they have to use there own car as the company doesn't provide a house car.
On the occasion Oct 2015; I had to go to hospital and the next day I had to attend Essex for a contact drop off.
It was arranged with the senior on shift that day that after the drop off to go straight home as by the time I would of got back to the home would be well past my shift end time(this was arranged whilst I was on my way to Essex)
I messaged him with regards to the mileage sheet signing and he advised me to send him the mileage sheet and he would get it processed and paid into my account or for me to go and collect the monies.
Months went past with messages to him saying he would sort it and he eventually stated that it would have to be dealt with head office.
Early April 16; I rang the office and happen to speak to the CEO who advised me that it should of been paid ages ago and to email the sheet to a office member and she would sort it and get it paid.
So rang/emailed the woman and advised that I have spoken to her manager and I send the mileage form across - I offered to send her the time sheet to prove that I was on shift and a copy of the messages proven that he stated he would sort it, but she said she didn't need them.
Middle April; I had a email that she was going to get in contact with the home to clarify the situation.
Late May; I'm still waiting to hear anything back with several messages been sent to the office worker
The amount owed is around £80, I know its not a lot but its still money owed to me for my fuel and wear and tear on my car.
So I thought my only option is a small claims court with a N1 form I believe.
What is everyone's opinion and is it worth going to a scc for that amount?
Regards
I didn't really know where to section this post, but here it goes:
I worked for a agency in children's homes, the home I was in paid a fuel allowance directly to the agency worker if they have to use there own car as the company doesn't provide a house car.
On the occasion Oct 2015; I had to go to hospital and the next day I had to attend Essex for a contact drop off.
It was arranged with the senior on shift that day that after the drop off to go straight home as by the time I would of got back to the home would be well past my shift end time(this was arranged whilst I was on my way to Essex)
I messaged him with regards to the mileage sheet signing and he advised me to send him the mileage sheet and he would get it processed and paid into my account or for me to go and collect the monies.
Months went past with messages to him saying he would sort it and he eventually stated that it would have to be dealt with head office.
Early April 16; I rang the office and happen to speak to the CEO who advised me that it should of been paid ages ago and to email the sheet to a office member and she would sort it and get it paid.
So rang/emailed the woman and advised that I have spoken to her manager and I send the mileage form across - I offered to send her the time sheet to prove that I was on shift and a copy of the messages proven that he stated he would sort it, but she said she didn't need them.
Middle April; I had a email that she was going to get in contact with the home to clarify the situation.
Late May; I'm still waiting to hear anything back with several messages been sent to the office worker
The amount owed is around £80, I know its not a lot but its still money owed to me for my fuel and wear and tear on my car.
So I thought my only option is a small claims court with a N1 form I believe.
What is everyone's opinion and is it worth going to a scc for that amount?
Regards
0
Comments
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It's entirely upto you.
It'd cost you £25 to issue using the Money Claim online service, or £35 to issue a Claim Form and Particulars of Claim via the County Court in England & Wales (this is if you need to attach docs such as the CEO's email and Salford Bulk handling centre deal with these Claims).
Whilst claims below £100 are rare, I did once issue a claim for £30 out of principle, as an item my OH ordered was never delivered and the firm failed to respond to numerous emails and calls. (Clearly they should have as it cost them the Court issue fee, a year's interest at 8% together with £80 fixed costs on top when we obtained Judgment in default!)Please be polite to OPs and remember this is a site for Claimants and Appellants to seek redress against their bank, ex-boss or retailer. If they wanted morality or the view of the IoD or Bank they'd ask them.0 -
So does that mean I can claim interest and if I was successful could I claim the initial £35 fee back?It's entirely upto you.
It'd cost you £25 to issue using the Money Claim online service, or £35 to issue a Claim Form and Particulars of Claim via the County Court in England & Wales (this is if you need to attach docs such as the CEO's email and Salford Bulk handling centre deal with these Claims).
Whilst claims below £100 are rare, I did once issue a claim for £30 out of principle, as an item my OH ordered was never delivered and the firm failed to respond to numerous emails and calls. (Clearly they should have as it cost them the Court issue fee, a year's interest at 8% together with £80 fixed costs on top when we obtained Judgment in default!)0 -
luke300586 wrote: »So does that mean I can claim interest and if I was successful could I claim the initial £35 fee back?
Yes. Assuming you win your case the court fee is automatically added to whatever they are ordered to pay you.
However, do be aware that it is sometime necessary to go to considerable lengths to enforce a court judgement if the debtor can't or won't pay. These various steps will cost you extra fees. Again these are added to what is owing but in the event you never successfully recover the money you will be significantly out of pocket.
In a nutshell never sue those who can't or won't pay!0 -
Wouldn't it be better just to contact the CEO again?0
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luke300586 wrote: »So does that mean I can claim interest and if I was successful could I claim the initial £35 fee back?
Yes you add 8% pa interest to the debt and fees are recoverable.Please be polite to OPs and remember this is a site for Claimants and Appellants to seek redress against their bank, ex-boss or retailer. If they wanted morality or the view of the IoD or Bank they'd ask them.0 -
Before you do any of this, you should contact the CEO again and head your letter 'Letter Before Action'. Remind him/her that you are still waiting for the money and say that you will action a small claims case if you do not receive the money by [I would give them about a fortnight].
If you have incurred any direct costs as a result of not having this money, you could add them at this stage, explaning them to your employer.
I appreciate that if your employer pays up you will lose the interest which you would have got as a result a successful court case, but I would suspect it is worth this to keep good relations with your (past?) employer - after all, you might need a reference from them, one day.Ex board guide. Signature now changed (if you know, you know).0
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