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  1. #1
    icrina53's Avatar

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    Default Wages not paid

    Good morning,

    I was just wondering if someone could help me. A friend of mine has done some work as a sub-contractor as and when needed basis for a company, everything went well he got paid etc. Then one day in the morning he got a phone call to attend a job , he could not do it so he got a message from his 'employer'' saying that he is sacked. He set him a last invoice of the work he already done and the employed refused to pay. After sending a letter of Notice of intending to make a claim the employer still has not paid and he responded to do whatever my friend wants.
    We issued a claim through MCOL and now the employer keep asking, via email for breakdown of hours etc ( even though we sent him an invoice) , now my question is : do we have to reply directly to him? or everything needs to go through the court? he has not responded to the claim yet.

    Thank you,

  2. #2
    Kati's Avatar

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    Default Re: Wages not paid

    How long ago was the MCOL claim issued?? Has he acknowledged service?

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  3. #3
    icrina53's Avatar

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    Default Re: Wages not paid

    Quote Originally Posted by Kati View Post
    How long ago was the MCOL claim issued?? Has he acknowledged service?

    tagging @Ula @nemesis45 xx

    The claim was issue on the 19th. Nothing is shown onto MCOL account apart from the claim being issued so I suppose he hasn't acknowledge, but he definitely receive it as he mentioned it in the email.
    I ad my fair bit with the court and I am trying to help my friend but I was always the defendant and not the claimantso not sure if e need to communicate with him directly or just through the court?

  4. #4
    paulajayne's Avatar

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    Default Re: Wages not paid

    "employer keep asking, via email for breakdown of hours etc"

    Why not just send/ resend this info?

  5. #5
    jaguarsuk's Avatar

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    Default Re: Wages not paid

    Quote Originally Posted by icrina53 View Post
    The claim was issue on the 19th. Nothing is shown onto MCOL account apart from the claim being issued so I suppose he hasn't acknowledge, but he definitely receive it as he mentioned it in the email.
    I ad my fair bit with the court and I am trying to help my friend but I was always the defendant and not the claimantso not sure if e need to communicate with him directly or just through the court?
    You can communicate directly if you wish and doing so might resolve the matter without the need for it to go further.

    I'd just modify the invoice to include the information and then tell the employer to settle figure on the claim your friends bank account within 14 days, then you'll withdraw the claim.
    My posts on this forum are offered based on my experience dealing with a variety of life events. I have no formal legal training and if in doubt take professional legal advice or contact the CAB. If you follow anything I write on this forum you do so at your own risk and I accept no liability for any loss, costs or other out comes.

  6. #6
    icrina53's Avatar

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    Default Re: Wages not paid

    Quote Originally Posted by paulajayne View Post
    "employer keep asking, via email for breakdown of hours etc"

    Why not just send/ resend this info?
    I can is not a problem, he's got it already anyway. The question is should I keep communicating with him via email , and keep all this log just in case we need it in court? or just wait for him to respond via MCOL and then will do it through that?

    - - - Updated - - -

    Quote Originally Posted by jaguarsuk View Post
    You can communicate directly if you wish and doing so might resolve the matter without the need for it to go further.

    I'd just modify the invoice to include the information and then tell the employer to settle figure on the claim your friends bank account within 14 days, then you'll withdraw the claim.
    Thank you, I will try that although I doubt is going to pay. We've done all this when we sent him the Notice of intended prosecution and basically told my friend to bugger off and do as he pleases.

  7. #7
    jaguarsuk's Avatar

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    Default Re: Wages not paid

    Quote Originally Posted by icrina53 View Post
    Thank you, I will try that although I doubt is going to pay. We've done all this when we sent him the Notice of intended prosecution and basically told my friend to bugger off and do as he pleases.
    Perhaps, but now the claim has been issued he may be taking it more seriously.
    My posts on this forum are offered based on my experience dealing with a variety of life events. I have no formal legal training and if in doubt take professional legal advice or contact the CAB. If you follow anything I write on this forum you do so at your own risk and I accept no liability for any loss, costs or other out comes.

  8. #8
    nemesis45's Avatar

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    Default Re: Wages not paid

    Quote Originally Posted by jaguarsuk View Post
    Perhaps, but now the claim has been issued he may be taking it more seriously.
    You will need to keep checking to see if the claim is acknowledged, he has a limited time to do so.
    7 days since issue so allowing for weekend, so only 4 working days have elapsed.
    nem
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  9. #9
    warwick65's Avatar

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    Default Re: Wages not paid

    As far as I can work it out they have until 8th Oct to acknowledge ( actually it will be 4pm 9th because 8th is a Sunday)

    I think if the person is emailing you asking for a breakdown of hours etc you would be wise to supply these even if you have sent them before, You need to be seen to be trying to resolve this before it reaches court otherwise you could theoretically have costs awarded against you for unreasonable conduct.
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  10. #10
    icrina53's Avatar

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    Default Re: Wages not paid

    Quote Originally Posted by warwick65 View Post
    As far as I can work it out they have until 8th Oct to acknowledge ( actually it will be 4pm 9th because 8th is a Sunday)

    I think if the person is emailing you asking for a breakdown of hours etc you would be wise to supply these even if you have sent them before, You need to be seen to be trying to resolve this before it reaches court otherwise you could theoretically have costs awarded against you for unreasonable conduct.
    We will supply all the info he asks for, no worries there. What is happening if he doesn't even acknowledge the claim? From his emails I can tell he doesn't have a clue what Money Claim is . Can I request a judgement on the 10th of Oct. if he doesn't do anything?

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    Amethyst's Avatar

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    Default Re: Wages not paid

    I wouldn't jump on the default judgment request to be honest, he may make an application to set aside, although as he has told you he has received it it's unlikely he'd succeed, but with this issue over his request for information it could go in his favour - so I'd supply that information, remind him in the cover letter that he has to x date to respond to the claim through the court and invite him to settle the claim.
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  12. #12
    icrina53's Avatar

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    Default Re: Wages not paid

    Quote Originally Posted by Amethyst View Post
    I wouldn't jump on the default judgment request to be honest, he may make an application to set aside, although as he has told you he has received it it's unlikely he'd succeed, but with this issue over his request for information it could go in his favour - so I'd supply that information, remind him in the cover letter that he has to x date to respond to the claim through the court and invite him to settle the claim.
    Good morning ,

    Replied to his email with a detailed invoice, inviting him to settle the claim etc I haven't anything from him at all, he still hasn't acknowledged the claim or anything. He's got until Monday to do that, if he doesn't what should we do? how long after Monday should we wait?

  13. #13
    icrina53's Avatar

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    Default Re: Wages not paid

    Quote Originally Posted by nemesis45 View Post
    You will need to keep checking to see if the claim is acknowledged, he has a limited time to do so.
    7 days since issue so allowing for weekend, so only 4 working days have elapsed.
    nem
    Hi Nem,

    Can you please advise me on what I can do now? yesterday at 4pm was the deadline for acknowledging the claim. He has not , and he did not reply to my friend's email about the detailed invoice etc. How should we proceed from here?
    Thank you

  14. #14
    nemesis45's Avatar

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    Default Re: Wages not paid

    Quote Originally Posted by icrina53 View Post
    Hi Nem,

    Can you please advise me on what I can do now? yesterday at 4pm was the deadline for acknowledging the claim. He has not , and he did not reply to my friend's email about the detailed invoice etc. How should we proceed from here?
    Thank you

    Hi Icrina,

    His response may be in the system the courts do have some backlog so allow a couple of days at least then check with the court.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
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  15. #15
    Diana M's Avatar

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    Default Re: Wages not paid

    Quote Originally Posted by icrina53 View Post
    when we sent him the Notice of intended prosecution and basically told my friend to bugger off and do as he pleases.
    What do you mean by a Notice of "intended prosecution"?

    How much is the claim?

    Was there anything in writing (i.e a contract) about hourly rates to be paid for his work etc ?

    Is the Defendant a limited company or a sole trader (you refer to "Company" in your first post)?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

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    Diana M's Avatar

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    Default Re: Wages not paid

    Quote Originally Posted by nemesis45 View Post
    keep checking to see if the claim is acknowledged, he has a limited time to do so.
    7 days since issue so allowing for weekend, so only 4 working days have elapsed.
    nem
    The court deadline for filing the AOS (19 days) and Defence (33 days) is based on calendar days not working days starting from the Claim Issue Date.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  17. #17
    ostell's Avatar

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    Default Re: Wages not paid

    So now it's past day 19 so ask the court for judgement. You can do it online.

  18. #18
    nemesis45's Avatar

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    Default Re: Wages not paid

    Quote Originally Posted by ostell View Post
    So now it's past day 19 so ask the court for judgement. You can do it online.
    Hi Icrina,

    Many defendants will file documents at the last minute and as there are some delays in the system he may yet have filed.

    nem
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  19. #19
    ostell's Avatar

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    Default Re: Wages not paid

    So if the documents have indeed been filed then the system should stop the default being given.

  20. #20
    icrina53's Avatar

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    Default Re: Wages not paid

    Quote Originally Posted by nemesis45 View Post
    Hi Icrina,

    Many defendants will file documents at the last minute and as there are some delays in the system he may yet have filed.

    nem
    Checked again this evening , nothing.

  21. #21
    ostell's Avatar

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    Default Re: Wages not paid

    Go for it then

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