Can I Get My Money?
Comments
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I would get on with issuing a 'letter before action' ASAP and then 14 days later a claim on 'moneyclaimonline'. The longer you leave it the lower your chances of success will be.
Your claim does not need to be any more complicated than stating you are owed £xxx for xxxx hours worked at the agreed rate of £xxx per hour between date xx.xx.2017 and xx.xx.2017.
You don't need to provide any supporting documents. The court does not care about NI numbers or UTR numbers or cash in hand, or any of that stuff.
After proceedings have been issued, an order for disclosure will be made requiring each party to disclose documents to each other for example 14 days before the hearing. At that stage you would ask him for a copy of the time sheets. If he fails to provide them you would invite the judge to draw his own conclusions.0 -
Yes, but it's not 100%.
A judge could believe you if you come across eloquently and confidently.
If you lose, the costs are typically limited to the £35 fee and approx. £100 in costs to the other side (for a simple hearing)
I think the OP is being given false hope here.
He (assuming he) has worked cash in hand as not given employer any NI or Tax details..has no proof of working hours and is owed roughly £200.
If he loses then he is out of pocket by £135 ish...still owes tax man and owes for his National insurance contributions.
Up to the OP but seems an awful gamble for £200.
OP the chap/company you was working for..was he employed directly for the Club/Premises you was working at or was he a subby.
What company was you working for.0 -
If Op issues a claim, there are three possibilities:
1) The employer does not file a defence. The Op wins by default.
2) The employer admits that the Op worked those hours. The Op wins.
3) The employer denies that the Op worked those hours. The judge will then look at the available evidence. This would include looking at the text messages Op has, looking at the timesheets (if provided by the employer) and hearing from the Op and the Defendant. The judge would then reach a decision.
It certainly sounds worth going ahead to me.
Of course the Op could be liable to HMRC for any tax he owes. But that is not something the court would consider. HMRC would not be a party to the proceedings.0 -
steampowered wrote: »If Op issues a claim, there are three possibilities:
1) The employer does not file a defence. The Op wins by default.
2) The employer admits that the Op worked those hours. The Op wins.
3) The employer denies that the Op worked those hours. The judge will then look at the available evidence. This would include looking at the text messages Op has, looking at the timesheets (if provided by the employer) and hearing from the Op and the Defendant. The judge would then reach a decision.
It certainly sounds worth going ahead to me.
Of course the Op could be liable to HMRC for any tax he owes. But that is not something the court would consider. HMRC would not be a party to the proceedings.
If it was for a larger amount id agree..however risking £135 plus to get £200 which should be declared...seems a risk.
Lets not forget were assuming he was working for an employer,if he was subbing of a sub then what chance has he really got.
Lots of door work gets subbed...cash in hand or fake self employed.
Id say turn up on a door your employer works on or visit his office and ask for money face to face.0 -
Thank you for so many replies, I still haven't sent the letter as I'm very hesitant and confused as to what my chances are but some of the replies on this 2nd page have made it clear a bit more!
@Guest101 the documents such as time sheets are usually kept at the place of work i.e the club and he told me it is actually for the council not something he printed up so he can't exactly get rid of them I assume?
@steampowered & @Samsung_Note2 Thank you both so much for the replies! from what steampowered said it sounds promising but on the other hand Samsung_Note2 I can see your point, but how would I be losing £135 by the end of it?
also the Samsung the guy I was working for is an agency who supplies door supervisors to different site the company name was AK Security based in north west London...Also Samsung lets say this goes to court what exactly would make the judge turn the decision in his favor? I know it's meant to be declared but can't I still declare it?
For example my sister sells items online on ebay at a large scale and she declares her taxes once every year, so wouldn't that be the same case for me?
Thank you!0 -
iNeedHoney wrote: »Thank you for so many replies, I still haven't sent the letter as I'm very hesitant and confused as to what my chances are but some of the replies on this 2nd page have made it clear a bit more! - Your chances are the best towards the start. IE a letter which scares them into paying a smaller amount than they would if it went to court.
@Guest101 the documents such as time sheets are usually kept at the place of work i.e the club and he told me it is actually for the council not something he printed up so he can't exactly get rid of them I assume? - If something is lost, it's lost, doesn't matter if the queen signed it. Mistakes happen.
@steampowered & @Samsung_Note2 Thank you both so much for the replies! from what steampowered said it sounds promising but on the other hand Samsung_Note2 I can see your point, but how would I be losing £135 by the end of it?
also the Samsung the guy I was working for is an agency who supplies door supervisors to different site the company name was AK Security based in north west London...Also Samsung lets say this goes to court what exactly would make the judge turn the decision in his favor? - Lack of proof. IE I already paid him your honour. the longer you wait the worse it looks. I know it's meant to be declared but can't I still declare it? - declaring tax is not the issue in this case, it's not s0omething a judge would consider.
For example my sister sells items online on ebay at a large scale and she declares her taxes once every year, so wouldn't that be the same case for me? - Possibly, but that is true self employed. Whereas the issue here is that you may be, and I would suggest were, employed.
Thank you!
A letter wont cost you anything beyond ink and a stamp.0 -
For a £200 claim, the fee payable when issuing the claim is £25. If the case is defended and proceeds to a hearing the hearing fee is £25. The fees are set out here: https://formfinder.hmctsformfinder.justice.gov.uk/ex50-eng.pdf. I'm not sure where this £135 comes from.iNeedHoney wrote: »@steampowered & @Samsung_Note2 Thank you both so much for the replies! from what steampowered said it sounds promising but on the other hand Samsung_Note2 I can see your point, but how would I be losing £135 by the end of it?
The fees can be recovered from the Defendant if you are successful.
In reality, many Defendants pay up when a formal letter before action is received. The majority pay up when a claim has been issued.
It sounds like a very simple case to me. You said you did work and haven't been paid. That is what you would need to tell the judge.lets say this goes to court what exactly would make the judge turn the decision in his favor? I know it's meant to be declared but can't I still declare it?0 -
Thank you both for the replies once again, this has cleared up a lot more...!
Is sending this letter by email a viable option or does it need to be a paper ?0 -
iNeedHoney wrote: »Thank you both for the replies once again, this has cleared up a lot more...!
Is sending this letter by email a viable option or does it need to be a paper ?
Letter, first class ( NOT sitgned for) get proof of posting.0 -
Thank you again, any reason why it shouldn't be signed for? Can you get proof of postage without it being signed for?0
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