CIVIL Claim for Flight costs and unpaid wages - ABUSIVE partner.

[FreeBit]

Please can anyone advise me on my options in respect of the following, if any?

I've tried to summarise what's happened so far in bullet points:

• Went on Cruise holiday in Jan 15 which was a gift from my partner of 6 months, he was abusive and cruel and threatened to kill me so I flew home after 3 days.
• I had worked for my ex partners business, he didn't pay me my last wage of £1000 after I left him on the holiday, though I had worked the previous month and earned it. My brother who also worked for my ex partner received a full last wage due at the same time as mine though he did not work the last month.
• My ex partner harassed me when he returned from the cruise, bombarding me with emails (he was eventually arrested for this).
• In one of these emails he stated that he was happy to pay for my flight home from the cruise, however I never responded to any of his contact and he never sent any payment.
• I sued my ex partner via the small claims court for the cost of my flight home from the cruise . My case outlined what happened on the holiday and why I had to leave, the costs incurred and the email from my ex partner in which he states he is happy to pay for the flight.
• My ex partner counter sued me for the cost of my ticket for the holiday.
• The hearing was very quick, the judge stated he had NOT read the paperwork and that the case should never have gone to a hearing as he believed there was no legal reason from either party as to why the other person should pay. The judge also stated that the assistant at court should have arranged a pre-hearing and saved me the hearing fee of £80 at which the judge claims it would have been identified a hearing was not necessary.
• The judge claimed that he made his decision prior to the hearing and based solely upon the few hundred word, brief outline of the case given on the very first claim form!
• I was given a tiny window to speak before both claims were dismissed.
• I asked the judge if he could explain the process to appeal to which he replied "appeal denied."
• It is unfortunate that I did not point out to the judge the email (which was in my case which he didn't read) and that was the main piece of evidence that could have won my claim, I felt very rushed and under pressure and was back outside before I knew it.

I would really appreciate any advice around the following:

1. Can I take any further action against my ex partner to recover the cost of my flight home, costs which I incurred as a result of his actions. He also stated in an email to me that he is happy to pay it.
2. Is there anything I can do about the case I have just lost in respect of the flight costs, and for which the appeal was denied or is that done and dead now?
3. Can I sue my ex partner for the £1000 wages he did not pay me? They were due on 16 January 2015. I also have emails from my ex partner in relation to this stating that he will pay them should I provide my personal details again (he did already have them). I have provided them again and he has acknowledged receipt however no payment has been made. Someone said I can only sue for wages within 3 months, which has now passed. Is there anything I can do to recover these wages at this point?

Thank you so much for reading!

[des8]

Re: CIVIL Claim for Flight costs and unpaid wages - ABUSIVE partner.

Hi and welcome.
Others will be along soon to advise, but I thought you'd like to know the three month limit applies to brining a case at a tribunal. If you want to go back to the county court the time limit is six years.

Regarding your right to appeal read here:http://www.inbrief.co.uk/court-judge...-to-appeal.htm

[Amethyst]

Re: CIVIL Claim for Flight costs and unpaid wages - ABUSIVE partner.

I don't think there is a case ref the flight costs - basically your ex made an offer, and you didn't accept (just went directly to court without passing go) - so there was no agreement between you on which to base the claim.

The wages issue - need to know more about your employment - notice period/ basis of employment (was it formal and did your ex pay PAYE/NI etc )

[nemesis45]

Re: CIVIL Claim for Flight costs and unpaid wages - ABUSIVE partner.

Hi,

If you wish to make a further claim your case must have significant differences from that dismissed by the judge.
In this I would agree with the judges statements this should not have got to a hearing, the more appropriate course
would have been mediation via HMCTS Small Claims Mediation Service, then is the parties reach an agreement which
is acceptable a consent order (Tomlin Order) is drafted and is binding on both parties, no CCJ is made.

You have tried once to recover the " holiday costs" and failed it is unlikely that a court would allow another claim.

The non payment of wages is another matter.
My advice is to send a Letter Before Action stating that unless payment
is made within 14 days you will issue a claim in the county court.
This will indicate to a court that you have attempted to resolve
the dispute.

nem

[FreeBit]

Re: CIVIL Claim for Flight costs and unpaid wages - ABUSIVE partner.

Thank you for your reply.

I had worked for him previously on a casual basis in June and July 14 for his previous company, part time and for cash. The basis of employment when I worked for him a second time in December was that I worked for him for £1000 per month for which he paid me cash. He paid me my first wage on 16 December 15. I don't believe he paid paye/NI and there was nothing outlined in terms of a notice period or anything, not really formal as we were a couple.

Thanks again.

I don't think there is a case ref the flight costs - basically your ex made an offer, and you didn't accept (just went directly to court without passing go) - so there was no agreement between you on which to base the claim.

The wages issue - need to know more about your employment - notice period/ basis of employment (was it formal and did your ex pay PAYE/NI etc )

[nemesis45]

Re: CIVIL Claim for Flight costs and unpaid wages - ABUSIVE partner.

Hi,

If you wish to make a further claim your case must have significant differences from that dismissed by the judge.
In this I would agree with the judges statements this should not have got to a hearing, the more appropriate course
would have been mediation via HMCTS Small Claims Mediation Service, then is the parties reach an agreement which
is acceptable a consent order (Tomlin Order) is drafted and is binding on both parties, no CCJ is made.

You have tried once to recover the " holiday costs" and failed it is unlikely that a court would allow another claim.

The non payment of wages is another matter.
My advice is to send a Letter Before Action stating that unless payment
is made within 14 days you will issue a claim in the county court.
This will indicate to a court that you have attempted to resolve
the dispute.

nem

[FreeBit]

Re: CIVIL Claim for Flight costs and unpaid wages - ABUSIVE partner.

Hi

Thank you kindly for that. That's reassuring to know about the three month limit being for a tribunal.

What an incredibly useful link regarding the right to appeal. It's quite complicated at a quick glance, I really need to absorb and try and learn it!

Thank you again, great help!

Hi and welcome.
Others will be along soon to advise, but I thought you'd like to know the three month limit applies to brining a case at a tribunal. If you want to go back to the county court the time limit is six years.

Regarding your right to appeal read here:http://www.inbrief.co.uk/court-judge...-to-appeal.htm

[FreeBit]

Re: CIVIL Claim for Flight costs and unpaid wages - ABUSIVE partner.

Hi Nem

Thank you very much for your reply. I did register for mediation but my ex partner refused it. There wouldn't be anything to present in a further claim that is significantly different however I wondered whether if someone in a court of law was to actually acknowledge the original case evidence, the email from my ex partner stating that he is happy to pay for the cost of my flight (whereas it was totally overlooked by the court originally) would it change the outcome at all? This is all I would have to present at any kind of appeal, will it change anything?


Thank you for your advice re the wages, it is a good suggestion and I think I will do that.

Hi,

If you wish to make a further claim your case must have significant differences from that dismissed by the judge.
In this I would agree with the judges statements this should not have got to a hearing, the more appropriate course
would have been mediation via HMCTS Small Claims Mediation Service, then is the parties reach an agreement which
is acceptable a consent order (Tomlin Order) is drafted and is binding on both parties, no CCJ is made.

You have tried once to recover the " holiday costs" and failed it is unlikely that a court would allow another claim.

The non payment of wages is another matter.
My advice is to send a Letter Before Action stating that unless payment
is made within 14 days you will issue a claim in the county court.
This will indicate to a court that you have attempted to resolve
the dispute.

nem

[nemesis45]

Re: CIVIL Claim for Flight costs and unpaid wages - ABUSIVE partner.

Hi,
No I doubt the outcome would change, and the cost of carrying any further litigation may well out weigh the amount of the claim as an appeal from the county court is heard by a circuit judge which is a different level.

The judge has seen here that there is a clear 50-50 situation where neither party is going to benefit from a judgement that will in the balance of probabilities end up with another fruitless hearing with a counter claim from your ex partner.

The wages/salary problem is very different, what type of contract if any did you have with him personally or his company?

nem

[stevemLS]

Re: CIVIL Claim for Flight costs and unpaid wages - ABUSIVE partner.

I agree with others that, essentially, you should forget about the flight costs. I suspect the judge concluded on reading the particulars of claim and the defence that they disclosed no legal cause of action.

I think the recovery of the wages issue will be clouded by the "cash in hand" nature of what you did and the lack of a contract.