Self employed van driver nightmare

freemanfree · 16 June 2018 at 10:18AM

Hi all,

I recently signed up as a self employed van driver after being told I would work 8.30 - 5.30 mon-fri with optional overtime.

I picked up the van tuesday, arranged to start work on thursday and then was told wednesday evening that there wasnt enough work to start. I replied thursday that if I only got told the evening before wether there was work or not would not be worth it and was something I was not willing to do as I have to pay £195 a week for the van rental and I decided to end it there before I started and would return the van.

Friday morning I went to return the van only to find out that and error comes on and it doesnt start. I phoned the company who said they would send someone out to try and jump it, but nobody came. In the evening I contacted them again and explained it was on my parents drive and needed to be moved. I was quite willing to drive the van back if someone got it started otherwise they would need to pick it up.

got a phone call back about 15 minutes later saying that someone would pick the van up sat morning which they did.

My main questions are

Will I still have to pay the van rental even though I didnt work and the van did not drive (I drove it straight from their office to my parents)?

Am I going to have to pay for the van being returned?

Pennywise · 16 June 2018 at 10:24AM

No one can answer without seeing the contract you entered into or at least knowing what the contract says. Your first step is to look/read the contract and see what it says/doesn't say.

But one of the main aspects of "self employment" is no guaranteed work - if there is guaranteed work, then it is usually employment and not self employment, so highly unlikely any guarantees were written into the contract.

freemanfree · 16 June 2018 at 10:47AM

Can I post a contract on here? and how does the fact that effectively I quit/didnt start affect the contract?

sangie595 · 16 June 2018 at 11:20AM

You won't be able to post a contract here, and you shouldn't. This is a site full of a bunch of strangers. We can give you advice but you have to decide what is right or wrong with that advice. If you need someone to read a contract, then I'm afraid you need a lawyer.

We can't tell you what your withdrawing from the contract will result in - we don't know what the contract says. You surely know what you signed up for? - it was your responsibility to make sure you understood the terms of contract you entered into. What does the contract say about your responsibilities in terms of paying for the van if you don't work or quit working?

Ps. What happened to your job with the NHS?

freemanfree · 16 June 2018 at 12:28PM

I read throught the contract and it says that if I can quite whenever I like , but I return the van to the depot in the state I found it and that if the van breaksdown I notify them immediately.

I notified them asap and was ready to drive the van back and if someone had fixed the van were it was I would have driven it back after but as it was not working and nobody came out, it was impossible. the contract does not state who is responsible in this circumstance.

GDB2222 · 16 June 2018 at 12:36PM

The practical position is pretty simple. Don't pay them anything, and see if they sue you. If the amount is £195 (one week's rental), that's rather a small amount for them to issue proceedings about, ie it's not worth their time bothering. If they did issue proceedings, you'd defend them on the basis that the van was not fit for purpose.

Self employed van driver nightmare

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