Owed money for self employed work completed, not been paid.

WeeManMike

Hi all,

Wasn't sure where to put this thread, so went for Employment etc, moderators please feel free to move it if it's wrong. :cool:

A quick breakdown of my query, with the longer version below it...

I've recently completed 6 weeks courier work for a supposed friend. However, they haven't paid me and have now seemingly done a runner.

Another friend has said I should try the small claims court, but I'm not sure if this is the best or only route?

...

Longer version:

A guy (let's call him Joe) worked at DPD as a self-employed (supposedly) franchisee and unfortunately injured himself towards the end of November last year.

Joe got in contact with me and asked if I would cover his route (I'm a self-employed courier myself). Sure I said, I wasn't getting paid much in the work I was doing, I knew the DPD job having done it previously, so I offered to help a supposed friend out.

We agreed on the details and off I went delivering parcels on his route whilst he recovered. :beer:

About 6 weeks later after busting my gut during the busiest time of the year, we arrive at December 29th and I asked to be paid for my work completed, knowing Joe had received my money from DPD on the 22nd December. DPD only pay the original franchisee direct not their drivers, it is up to the franchisee to pay their drivers.

I knew Joe had been paid for my work by DPD (as had all other franchisee's in the depot) and all Joe had to do was transfer my money and we were done as he wanted to come back to work on 2nd Jan.

Low and behold an issue with the transfer occurred and it was going to be delayed by a week. Which turned into 2 and then 3.

During which I had asked several times to no avail, each time just being fobbed off with I'm sorry but I'll sort it out asap, with me giving him the benefit of the doubt and him working in the same depot as me during this time, acting as if nothing was up.

I was working for another driver during the last few weeks as I told him that I wouldn't work for him again until I was paid up, he was nearly back to 100% fitness anyway and so did his own route

Then a week ago I realised I hadn't seen or heard from him for a few days and then I found out he had left DPD and cancelled his franchise. :eek:

The frustrating thing is that apart from him still not paying me, I've tried getting in touch via his email and telephone number and even visiting his address but he has just ignored all contact.

DPD won't get involved either as they've said that they have done their part by paying him for my work and it's up to him to pay me. But they have offered their sympathies (gee thanks!).

On a side note, I've since applied for my own franchise and have coincidentally been given his old route. Funny how that worked! :cool:

So here I am wondering how to go about getting the money I'm owed.

Like I said, a friend has mentioned the small claims court and I've done a little research on it and am unsure of this route, I might give citizens advice a ring to see what they can advise, but thought I'd ask on here as I'm always lurking and the forums are very helpful usually.

Any and all help/advice is very much appreciated.

TIA

Mike

sjbrun

Assuming you asked your ex friend to sign a contract between you and him detailing how much you would get paid and when it will be an easy win in the small claims court, and if he has assets like a car you should get the money eventually.

StevenB12

As sjbrun said, if there was a contract signed etc then you have a very strong case in a small claims court. Written proof/contractual evidence is everything just about in matters like this.

I'm less in light of what may be the case if he has closed his franchise/company and could have declared himself bankrupt as I'm sure that will throw a spanner in the works to any money owed.

Sadly this happens a lot. The site I'm working on at the minute there is one main sub contractor to the recently liquidated Carillion, he and his team have been carrying out ground works on their behalf and is owed about 25K, which he has been told that since the company is now in the position that he is in, that he won't get a penny of it.

Savvy_Sue

But more critically, if you don't have an address where he'll receive the summons from the court, I'm not sure what you can do. Do you think he's still at that address and ignoring you, or has he absolutely done a runner?

TBagpuss

Small claims would be the way to go.
Ideally you have something in writing agreeing that you will do the work and e will pay you (was the agreement that he would hand over the full amount from DPD?)

If you didn't have a written contract you may still have an informal contract, in which case you will need to set out what evidence you have. If he sent you any texts giving the excuses about paying you then those are helpful, as they may (depending on wording) show him acknowledging the debt.

DPD are correct that it is not anything to do with them - your agreement was with Joe, not with DPD.

Do you think he has any assets? Does he own his own home? If not, and if he has left the house, then you would need to decide whether it is likely to be worth your while to pursue the debt or not.

If you think he ois still at that address but just avoiding you, then send any letter before action to that address (send it 1st class, from a post office, and get proof of posting - don't send it 'signed for'.

WeeManMike

Hi all,

Thanks for the responses.

Unfortunately, no contract was agreed and signed between us, which is normal in my previous work and at this depot with other drivers too, word of mouth is normally good enough and all other drivers haven't had any issues.

Thankfully I have texts between us confirming the amount I was to be paid for each parcel delivered and also DPD have shown some cooperation by saying that they would be happy to put in writing that I did the work and the amount I delivered etc.

I do also have texts confirming that I was due to be paid on specific dates, but as I've mentioned, nothing ever come of it.

I do know where he lives and have paid him a visit one evening, lights were on and I thought someone was home as I heard voices when approaching the house, but no one answered the door.

When I said he's done a runner, I thought that completely. However, it appears he has just left DPD and changed jobs.

I have since found out where he has changed jobs to, so I know that he is at least still working and ultimately earning money.

I have also found out since my OP that another driver is owed money by this guy and has also been trying to get hold of him with no luck, but unlike me he has gone straight down the small claims court route and made the claim early last week.

All in all, I'm pretty fed up tbh and I'm pretty certain I'll go the small claims court route. Ironically I'm so skint that I've got to wait another week or so to get the court fee sorted out before I can.

Anyway, cheers for the responses once again.

geezadrc

If you are skint you can always wait but if you do and they move you will have to find them again.

I can tell you now that bailiffs cant get money from self employed people and they wont be able to take his car if its hire purchase or he uses it for work.

If hes one of these that has everything on finance you wont get anything.

And if you don't get anything then the bailiffs will come back to you for the payment for their 3 visits (about 200 quid).

The only consolation is they will have a ccj on their record which won't actually stop them living their lives or getting credit and not paying for it from the next guy or business unless said guy or business do a credit check.

We live in quite a morally bankrupt country nowadays with a broken system for honest people to get whats due to them.

If he knows how to play that system then you will be paying good money after bad:

money claim online fee (starts at £25 anywhere up to 10k)
https://www.gov.uk/make-court-claim-for-money/court-fees
transfer debt to high court (about £70)
Failed collection fee (about £200)

, A LOT OF EXTRA STRESS and still wont get any closure or peace of mind.

That said he could own 2 cars and they might be able to take 1 or the bailiffs could manage to secure your money owed. Fantastic result if it happens for you.

But don't go into this thinking that its guaranteed to get your cash back or at least it will affect there lives having a ccj because it wont. Its not like cant pay take it away (what a wonderfully manicured propaganda piece that is for the company) even if you employ the company from the show they will still be able to go round screwing people and businesses over.

I took a couple down this road, everything they owned was on some sort of hire purchase and he had just got a self employed driver job for the reason that nobody can get money direct from employer if self employed. The council had just submitted an order to get paid from his old employer so he swapped jobs.

Find out who you are dealing with before you take this step it could save you a lot of stress and money to just walk away.

I would never have said that last line before I had actually been through the process myself and seen how broken the system is.