Refused to me pay..what can I do?

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Ok so this is a bit of a long story so bear with me.
I worked (self employed) for a courier firm delivering parcels for Amazon up until last week. On Thursday morning i had just started my run after collecting the parcels from the depot and unfortunately I was targeted and my van was stolen. The van was not left running nor did I leave the keys in the van. At this point nobody is sure how they got the keys but we have have come to the conclusion they either fell out my pocket when I was in the side door getting parcels out or I was pick pocketed. I saw the guy drive my van off and he looked Romanian so the latter is more likely. I have two witnesses who were working at the house next to where the incident happened and have both confirmed the events to the police.

Anyhow the courier company sacked me on the spot and they are now refusing to pay me what I'm due (around £700) until their insurance company confirms they will pay out the claim (van still not been found)

Obviously this has !!!!ed me off some what, seen as I was not at fault here. So my question is how much will the insurance company have to deal with me, and if I refuse to deal with them until they have paid me what I'm due will this hinder their insurance claim? I don't want to go down this route but the guys who run this company have shown their true colours

Or is there another way I could get what is rightfully due me? I'm so broke at the moment I need my wage and I don't know where to turn
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  • sangie595
    sangie595 Posts: 6,092 Forumite
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    Katisere wrote: »
    Ok so this is a bit of a long story so bear with me.
    I worked (self employed) for a courier firm delivering parcels for Amazon up until last week. On Thursday morning i had just started my run after collecting the parcels from the depot and unfortunately I was targeted and my van was stolen. The van was not left running nor did I leave the keys in the van. At this point nobody is sure how they got the keys but we have have come to the conclusion they either fell out my pocket when I was in the side door getting parcels out or I was pick pocketed. I saw the guy drive my van off and he looked Romanian so the latter is more likely. I have two witnesses who were working at the house next to where the incident happened and have both confirmed the events to the police.

    Anyhow the courier company sacked me on the spot and they are now refusing to pay me what I'm due (around £700) until their insurance company confirms they will pay out the claim (van still not been found)

    Obviously this has !!!!ed me off some what, seen as I was not at fault here. So my question is how much will the insurance company have to deal with me, and if I refuse to deal with them until they have paid me what I'm due will this hinder their insurance claim? I don't want to go down this route but the guys who run this company have shown their true colours

    Or is there another way I could get what is rightfully due me? I'm so broke at the moment I need my wage and I don't know where to turn
    What does a Romanian look like? I ask because I know a lot of Romanians, and it would be useful if you could tell us the identifying mark. Is it like a tattoo or something? And are there special pickpocketing schools in Romania? I didn't notice them.

    Who is the "we" who came to all those conclusions? Because another scenario could be that you were working in cahoots with some bloke to steal your van. It happens.

    Several months ago the Amazon courier definitely handed my new Surface tablet to me. Definitely. It's a fact. And also a shame that I have CCTV with absolute evidence he never even set foot on my street. Even more amazing because nobody set foot on my street that entire day - it was under five feet of snow!!!! The CCTV pictures are so pretty, and quite damning. You know, these Amazon couriers can't be trusted, they steal stuff all the time.

    Not nice when someone decides that an entire group of people are thieves just because of prejudice, is it?

    Since you are self employed, you can't be dismissed. And so you have to pay to go to court to recover the money you claim to be owed. That will take so long that cooperation with the insurers would seem to be a much faster route to getting paid. To say nothing of easier, since you still have to explain how someone stole a van without the keys. I'd have thought cooperation would be in your best interests. Because seriously, you are broke and they most certainly aren't! So your threat to refuse to cooperate isn't really a threat - they have a business, other vans, and the money you say you are owed. And refusing to cooperate makes you look guilty of something...

    You aren't Romanian, are you? Because people who look Romanian are often guilty of something, don't you think?
  • nicechap
    nicechap Posts: 2,852 Forumite
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    Won't they be claiming off your van insurance rather than their own?

    What does the thief's passport got to do with it?

    E
    Originally Posted by shortcrust
    "Contact the Ministry of Fairness....If sufficient evidence of unfairness is discovered you’ll get an apology, a permanent contract with backdated benefits, a ‘Let’s Make it Fair!’ tshirt and mug, and those guilty of unfairness will be sent on a Fairness Awareness course."
  • Katisere
    Katisere Posts: 12 Forumite
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    I can point out a Romanian just like I can spot the difference between someone from say Turkey and the UK. I don't recall saying all Romanians were pick pockets either.
    The neighbours and police confirmed the area had been targeted over recent months by a Romanian gang, house break ins, pick pockets and vehicle thefts.
    The 'we' you talk about is my ex company I worked for and the police.
    Thanks for taking your time to comment
  • Les79
    Les79 Posts: 1,337 Forumite
    edited 5 June 2018 at 8:12PM
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    sangie595 wrote: »
    What does a Romanian look like? I ask because I know a lot of Romanians, and it would be useful if you could tell us the identifying mark. Is it like a tattoo or something? And are there special pickpocketing schools in Romania? I didn't notice them.

    Who is the "we" who came to all those conclusions? Because another scenario could be that you were working in cahoots with some bloke to steal your van. It happens.

    Several months ago the Amazon courier definitely handed my new Surface tablet to me. Definitely. It's a fact. And also a shame that I have CCTV with absolute evidence he never even set foot on my street. Even more amazing because nobody set foot on my street that entire day - it was under five feet of snow!!!! The CCTV pictures are so pretty, and quite damning. You know, these Amazon couriers can't be trusted, they steal stuff all the time.

    Not nice when someone decides that an entire group of people are thieves just because of prejudice, is it?

    Since you are self employed, you can't be dismissed. And so you have to pay to go to court to recover the money you claim to be owed. That will take so long that cooperation with the insurers would seem to be a much faster route to getting paid. To say nothing of easier, since you still have to explain how someone stole a van without the keys. I'd have thought cooperation would be in your best interests. Because seriously, you are broke and they most certainly aren't! So your threat to refuse to cooperate isn't really a threat - they have a business, other vans, and the money you say you are owed. And refusing to cooperate makes you look guilty of something...

    You aren't Romanian, are you? Because people who look Romanian are often guilty of something, don't you think?

    I think this post summed it up perfectly well.

    I do personally think that there's a fairly good chance that OP was running a scam, as there are some things which OP has done in their post which supports that viewpoint. Sadly, I have no proof so cannot accuse them of anything.

    Though they did provide two alternative reasons; pickpocketing or dropping keys. The latter is negligence, the former is probably negligence too (if you have a truck load of goods then you protect that key! Obviously not if someone has a knife and demands it etc).

    If negligence, surely OP is liable for the losses incurred? Whether the company can withhold pay is probably one for ACAS though, as I would have thought that the company would be required to pay the wages and claim losses through the civil court. Unless the contract allows deductions for this sort of thing, in which case OP would need to go through the court to claim their money. Also, OP mentions being "Self employed" but is it really? Sounds like they get a wage directly from the company for doing X amount of work..

    Anyways OP, I really don't believe you but I have no proof of anything so worry not (but picture this running through your manager's head when they sacked you). You'll probably need to contact ACAS on this one, maybe also look at taking the company to small claims court.

    As for the sacking, I think that was justified. BUT I would also consult any contract/handbook you had and see whether it covers anything about your vehicle being stolen.

    If you end up getting it resolved through the insurance company then that sounds like a relatively hassle-free solution. I would potentially keep good communication with your ex employer and give them a *bit* of time/send a letter before action.

    I'm sort of guessing here (being a free forum you don't get great advice all the time :D ) but hopefully others can elaborate.
  • Katisere
    Katisere Posts: 12 Forumite
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    No we had to pay money to this courier company for van hire and insurance, it was deducted from our weekly earnings
  • z1a
    z1a Posts: 2,522 Forumite
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    "Looked Romanian."!!!!!!!!!
  • Katisere
    Katisere Posts: 12 Forumite
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    Thanks for taking the time to reply.

    Yes we are classed as self employed but pretty much employed. We just don't get holidays etc. We don't have to submit an invoice for our work nor do we have a say what days we work and we need to book any days off we require
    You are totally entitled to your opinion but I neither have the savy or brains to think up such an elaborate scam I'm afraid. I worked there for 3 years in between maternity leave if I wanted to scam them as you say I would have said myself alot of blood and sweat and done it many moons ago. But as I said you are entitled to your opinion and I appreciate your view point
  • esuhl
    esuhl Posts: 9,409 Forumite
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    What's in the contract?


    I'd imagine that, as you're self-employed, you are responsible for contents of the van. It's not Amazon's fault if your van is stolen.

    Katisere wrote: »
    Obviously this has !!!!ed me off some what, seen as I was not at fault here.


    Of course you were at fault -- your negligence allowed a thief to make off with a van full of parcels!


    Katisere wrote: »
    So my question is how much will the insurance company have to deal with me, and if I refuse to deal with them until they have paid me what I'm due will this hinder their insurance claim?


    Seriously?


    It's in your interest to co-operate fully with the insurance company, otherwise they might not pay out. Can you afford to pay Amazon for the cost of the parcels that were stolen whilst in your care?


    Katisere wrote: »
    Or is there another way I could get what is rightfully due me?


    You could trace the thief and take him to court to claim for your losses.


    Katisere wrote: »
    At this point nobody is sure how they got the keys but we have have come to the conclusion they either fell out my pocket when I was in the side door getting parcels out or I was pick pocketed. I saw the guy drive my van off and he looked Romanian so the latter is more likely.


    Yeah. There's two possibilities here. Either you accidentally lost your keys, or you were involved in the "theft" yourself. As you don't want to have anything to do with the insurer, I'd say the latter is more likely.
  • agrinnall
    agrinnall Posts: 23,344 Forumite
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    Katisere wrote: »
    I can point out a Romanian just like I can spot the difference between someone from say Turkey and the UK.


    A good piece of advice is when you're in a hole, stop digging. You are talking utter codswallop, and the more times you say it the more foolish you make yourself look.
  • esuhl
    esuhl Posts: 9,409 Forumite
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    Katisere wrote: »
    I can point out a Romanian just like I can spot the difference between someone from say Turkey and the UK.


    So... what are the main differences between Romanians, Moldovans, Bulgarians, Serbians, and Ukrainians?



    If a Romanian had Moldovan parents, would you be able to tell that they were Romanian, or would you mistake them for Moldovan?
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