Can I Get Money Back From Previous "Employer"

BigA101

Hi there,
I hope I'm posting in the relevant section.

I was a self employed worker in the building trade, and was working for a company who carries out works for insurance companies. I worked for them for around 5 years with no problems. I was sub contacting for them, but on a permanent basis. During the course of 2020 they started not paying my weekly wages - they sent out emails apologiseing at the end of every week - I also, stupidly forgot to send in many of my invoices as well, particullay during the last three months of 2020. But the company were still not paying the invoices that were backing up, their end.

In 2021, I was diagnosed with a brain tumour, and have spent the last 3 years going through surgery and treatment. I'm hoping to get back to work this year and I've reapplied for my license which I will hopefully going get back in the next couple of months.

I've sent my previous employer an email, telling him that I'm hoping to get back on my feet this year, but could do with the money I'm owed to aid in my progress of getting back to work, and that it would massively help me and my family going forward. So far I haven't had a response.

I continue to nothing from him, I was hoping someone here could give me some advice in what might be the best route to go in getting the back, if possible. 

I have 90% of the invoices on record, and he has some that I have sent him, but he hasn't paid.

Any help would be much appreciated,

Thank you

A
  

Marcon

BigA101 said:

Hi there,
I hope I'm posting in the relevant section.

I was a self employed worker in the building trade, and was working for a company who carries out works for insurance companies. I worked for them for around 5 years with no problems. I was sub contacting for them, but on a permanent basis. During the course of 2020 they started not paying my weekly wages - they sent out emails apologiseing at the end of every week - I also, stupidly forgot to send in many of my invoices as well, particullay during the last three months of 2020. But the company were still not paying the invoices that were backing up, their end.

In 2021, I was diagnosed with a brain tumour, and have spent the last 3 years going through surgery and treatment. I'm hoping to get back to work this year and I've reapplied for my license which I will hopefully going get back in the next couple of months.

I've sent my previous employer an email, telling him that I'm hoping to get back on my feet this year, but could do with the money I'm owed to aid in my progress of getting back to work, and that it would massively help me and my family going forward. So far I haven't had a response.

I continue to nothing from him, I was hoping someone here could give me some advice in what might be the best route to go in getting the back, if possible. 

I have 90% of the invoices on record, and he has some that I have sent him, but he hasn't paid.

Any help would be much appreciated,

Thank you

A
  

You've clearly been through a very rough time and I hope the coming years will be easier for you.

Depending on the amounts involved, it might be sensible to get some professional help to sort out your approach to keeping your books, but right now you probably don't have the cash for that.

You need to make it as easy as possible for your 'employer' to do the right thing and pay the outstanding invoices - and that means sending them copies of the invoices, plus a summary of the amount due, so they can see at a glance what needs to be done.

A chat with Citizens Advice might be your best way forward if all else fails. If you're hoping to work for this 'employer' again, you clearly don't want to get confrontational if it can be avoided.

penners324

Send them all the invoices, anything missing raise an invoice for it.

Set them a deadline to pay all outstanding invoices.

If nine received, send a Letter Before Action. 7 days to pay then court action.

If no payment, state a court case through Money Claim Online (the court portal).

Not sure what Citizens Advise will say...

Marcon

penners324 said:

Send them all the invoices, anything missing raise an invoice for it.

Set them a deadline to pay all outstanding invoices.

If nine received, send a Letter Before Action. 7 days to pay then court action.

If no payment, state a court case through Money Claim Online (the court portal).

Not sure what Citizens Advise will say...

If OP wants to burn their boats and ensure they'll never work for that 'employer' again....

BigA101

Thanks for your replies, guys. Fortunately, I won't be working for them anymore, so no worries on that front. But I really appreciate your advise, and will look into what you have both said. Thank you.

Marcon

BigA101 said:

Thanks for your replies, guys. Fortunately, I won't be working for them anymore, so no worries on that front. But I really appreciate your advise, and will look into what you have both said. Thank you.

In that case I'd go with what Penners has suggested. See https://www.gov.uk/government/publications/money-claim-online-user-guide

BigA101

penners324 said:

Send them all the invoices, anything missing raise an invoice for it.

Set them a deadline to pay all outstanding invoices.

If nine received, send a Letter Before Action. 7 days to pay then court action.

If no payment, state a court case through Money Claim Online (the court portal).

Not sure what Citizens Advise will say...

Just a quick other question regarding the invoices I'm sending to my previous employer - I've got the rest of the invoices ready to send. The employer used to deduct tax from my invoices, but with the amount I'm owed, should I ask him for the top line (pre tax), as I'm going to have to pay tax on the money I get it back from him?
I hope that makes sense and sorry if this is a basic question.

General_Grant

BigA101 said:

penners324 said:

Send them all the invoices, anything missing raise an invoice for it.

Set them a deadline to pay all outstanding invoices.

If nine received, send a Letter Before Action. 7 days to pay then court action.

If no payment, state a court case through Money Claim Online (the court portal).

Not sure what Citizens Advise will say...

Just a quick other question regarding the invoices I'm sending to my previous employer - I've got the rest of the invoices ready to send. The employer used to deduct tax from my invoices, but with the amount I'm owed, should I ask him for the top line (pre tax), as I'm going to have to pay tax on the money I get it back from him?
I hope that makes sense and sorry if this is a basic question.

So really you were submitting timesheets and not invoices.
Have you checked your account with HMRC to ensure the tax was being paid over?
When you say "tax" are you including NI?

BigA101

Thanks for your reply @General_Grant . Sorry it wasn't letting me quote you.

Yes sorry, weekly timesheets with a break down of the jobs completed and what's owed. As I'm self employed I  was essentially sub contracting on a permanent basis, they would deduct the tax. No, I used to pay my NI.
I haven't check HMRC yet, no. 
Hope that makes sense.

General_Grant

BigA101 said:

Thanks for your reply @General_Grant . Sorry it wasn't letting me quote you.

Yes sorry, weekly timesheets with a break down of the jobs completed and what's owed. As I'm self employed I  was essentially sub contracting on a permanent basis, they would deduct the tax. No, I used to pay my NI.
I haven't check HMRC yet, no. 
Hope that makes sense.

Ah - I've just read your OP and see that you did say you were in the building trade and I know there is a special construction industry arrangement regarding tax.  Unfortunately I don't know the details of the scheme and so can't offer advice.

comeandgo

BigA101 said:

penners324 said:

Send them all the invoices, anything missing raise an invoice for it.

Set them a deadline to pay all outstanding invoices.

If nine received, send a Letter Before Action. 7 days to pay then court action.

If no payment, state a court case through Money Claim Online (the court portal).

Not sure what Citizens Advise will say...

Just a quick other question regarding the invoices I'm sending to my previous employer - I've got the rest of the invoices ready to send. The employer used to deduct tax from my invoices, but with the amount I'm owed, should I ask him for the top line (pre tax), as I'm going to have to pay tax on the money I get it back from him?
I hope that makes sense and sorry if this is a basic question.

The main contractor is told by HMRC whether it’s 20% or 30% tax they deduct from your payments and pass on to HMRC, main contractor cannot deviate from this.  Once you get your self assessment in any overpaid tax you will get repaid by HMRC.