Taking Former "Employer" to Court

BigA101

Hi there,

After getting advise on whether I could take my former employer to court or not, I was fairly confident on proceeding, but on further reading I'm growing a little more concerned as to whether I'm doing the right thing. 
I'm owed invoices totalling over 15k, for work I carried out for his company - I worked for him and the company on a self-employed basis (CIS) - I was intending to take him to court to seek the full amount. But the more I've been reading into solicitors costs, court fees, whether I should represent myself on not, etc. I'm wondering whether I'm making the right decision.

The former employer has said he will fight the case if I take him to court, as he believes he has evidence going against what I'm saying - This is impossible, and I believe he is lying and is trying to call my bluff.
I've read elsewhere that I may be better in seeking 10k and going through the small claims process instead, and cutting my losess. I have gone as far as sending him a Letter Before Action letter, but I have now grown a little more unsure and I'm a little worried, mainly because of the costs and fees. 

Was just wondering if anyone could give me a bit of advice, or if anyone has been in a similar situation.
Any help would be much appreciated.

A

penners324

Starting the court process is quick and easy and only involves the court cost.

Go to Money Claim Online and start the process on there.

If it's defended you get to see the company’s defence and you go there. You've no need to get solicitors involved 

penners324

Just get on with it. You've been recommended to do it numerous times on your other posts on this subject 

tacpot12

Have you asked to see his evidence? He will have to provide it to you if you go to court. 

You are right to be concerned about the case going into the Fast Track as the arrangements for costs are different to the Small Claims Court where costs are normally not awarded (unless there has been unreasonable conduct).

Have you had professional legal advice?

Marcon

BigA101 said:

Hi there,

After getting advise on whether I could take my former employer to court or not, I was fairly confident on proceeding, but on further reading I'm growing a little more concerned as to whether I'm doing the right thing. 
I'm owed invoices totalling over 15k, for work I carried out for his company - I worked for him and the company on a self-employed basis (CIS) - I was intending to take him to court to seek the full amount. But the more I've been reading into solicitors costs, court fees, whether I should represent myself on not, etc. I'm wondering whether I'm making the right decision.

The former employer has said he will fight the case if I take him to court, as he believes he has evidence going against what I'm saying - This is impossible, and I believe he is lying and is trying to call my bluff.
I've read elsewhere that I may be better in seeking 10k and going through the small claims process instead, and cutting my losess. I have gone as far as sending him a Letter Before Action letter, but I have now grown a little more unsure and I'm a little worried, mainly because of the costs and fees. 

Was just wondering if anyone could give me a bit of advice, or if anyone has been in a similar situation.
Any help would be much appreciated.

A

One of the problems seems to be the confusion over your employment status. You say you were self employed and invoicing this company, but on another of your threads you say they deducted tax and 'paid it over'. That sort of uncertainty is going to muddy the waters, so you need to be very clear what you are claiming and on what basis.

Maybe a chat with your local Citizens Advice is the next sensible step? I don't think anyone here can help any further.

DullGreyGuy

Marcon said:

BigA101 said:

Hi there,

After getting advise on whether I could take my former employer to court or not, I was fairly confident on proceeding, but on further reading I'm growing a little more concerned as to whether I'm doing the right thing. 
I'm owed invoices totalling over 15k, for work I carried out for his company - I worked for him and the company on a self-employed basis (CIS) - I was intending to take him to court to seek the full amount. But the more I've been reading into solicitors costs, court fees, whether I should represent myself on not, etc. I'm wondering whether I'm making the right decision.

The former employer has said he will fight the case if I take him to court, as he believes he has evidence going against what I'm saying - This is impossible, and I believe he is lying and is trying to call my bluff.
I've read elsewhere that I may be better in seeking 10k and going through the small claims process instead, and cutting my losess. I have gone as far as sending him a Letter Before Action letter, but I have now grown a little more unsure and I'm a little worried, mainly because of the costs and fees. 

Was just wondering if anyone could give me a bit of advice, or if anyone has been in a similar situation.
Any help would be much appreciated.

A

One of the problems seems to be the confusion over your employment status. You say you were self employed and invoicing this company, but on another of your threads you say they deducted tax and 'paid it over'. That sort of uncertainty is going to muddy the waters, so you need to be very clear what you are claiming and on what basis.

Welcome to the Construction Industry Scheme (CIS) that the OP says they were operating under where a contractor sub-contracts work to a self employed person but they withhold taxes to be passed to HMRC

https://www.gov.uk/what-is-the-construction-industry-scheme

BigA101

tacpot12 said:

Have you asked to see his evidence? He will have to provide it to you if you go to court. 

You are right to be concerned about the case going into the Fast Track as the arrangements for costs are different to the Small Claims Court where costs are normally not awarded (unless there has been unreasonable conduct).

Have you had professional legal advice?

Thanks for your reply,

I have asked and he didn't reply.

He said, quote (mistakes and all) - "as far as we are concerned, we have paid you for all works carried out and nothing is owing as we have previously advised you. but if you still  disagree with this, please feel free to take legal action  as we have all the evidence to uphold the claims you are making ."

In saying this, he is lying, as he knows I carried out the work for the invoices he owes me. I have evidence of the jobs, as they were always emailed to us from the company office, with the job address and instructions for the works to be carried out.

Thats exactly what I'm concerned about @tacpot12 The costs of the Fast Track seem pretty high, whereas as you say, a Small Claims Court appears to be less costly and with fewer risks, but I'm really not sure.

I haven't as yet, but maybe at this it would be the best course of action. 
@penners324 above seems to think is a very easy process, and he maybe right, but when I start to look through, and the Fast Track and everything else comes up, it doesn't appear to be so easy.

BigA101

penners324 said:

Starting the court process is quick and easy and only involves the court cost.

Go to Money Claim Online and start the process on there.

If it's defended you get to see the company’s defence and you go there. You've no need to get solicitors involved 

I'm sorry for winding you up, @penners324 and you're right, you have advised me before, and I appreciate that. 
Okay, I'm understanding a bit better now. When I was looking up Money Claim Online, it wasn't linking me to the one I think you're referring to. This one is "HM Courts & Tribunals Service Internet based service for claimants and defendants". Correct?

penners324

https://www.moneyclaim.gov.uk/web/mcol/welcome