Court claim - so worried and upset

[EnglandPi]

PLEASE don't start every sentence of your defence with 'The Defendant' or 'The Claimant' it needs to read well a bit like you were reading a book with all events in chronological order, if you don’t understand legal terms don’t use them just keep it simple.

[libby23]

Hi Des8,

Thank you very much for this advice. I really appreciate it.

I understand now what you mean about including most of it in a witness statement and having more structure with my defence. I will restructure it today.

I had already commenced ACAS conciliation when the claimant submitted their claim. I had to wait for ACAS to issue me with a certificate. I have this certificate now and I am putting together my ETA form. I presumed I had to counter claim because they owe me money? I would prefer to claim everything on my ETA form really but would that mean that until the Tribunal the clamant would not be ordered to pay me my outstanding salary?


(Sections 8,9,10 &11… have you a response) - Yes. I emailed the claimants and said I would mediate with their legal representatives and or ACAS and I emailed them to ask them to issue my final salary, pay back the loan then pay me the rest that they owed me. The claimants emailed back and said if I paid the loan off first they would then pay me my final salary. I refused to do that as I believed they would not have paid me a penny.

Thanks again for all your help
Libby

[des8]

Deciding how and where you make your claims take into account costs, actual and potential, as well as any time constraints.

County court cases are taking forever at the moment.
A straight forward breach of contract case started end of last September, defence filed but allocation questionnaires ignored, and only this week has claimant been able to request judgment.
So even if you file a counterclaim don't expect a quick judgment.

Regarding costs, as your claim for unpaid wages exceeds £10,000 your filing fee is 5%
It would probably take the case out of small claims track so larger hearing fees are payable, and at the end of it, if you lose you get to pay the other sides costs!

ET claims cost nothing, but last one I know about took about 10 months to completion.

Your salary and bonus if due to you as an employee can be claimed through ET if still in time.
Your dividends due as a shareholder would need to be claimed through County Court, but whether or not you could put it through as a counterclaim I don't know, especially as you don't know the quantity.
For your personal items probably a separate court application for an order to return them, with an order the company pay the court cost

[libby23]

PLEASE don't start every sentence of your defence with 'The Defendant' or 'The Claimant' it needs to read well a bit like you were reading a book with all events in chronological order, if you don’t understand legal terms don’t use them just keep it simple.

Thanks for the advice, I will do.

Libby

[libby23]

Hi Des8,

I have restructured my Defence now as advised, thank you.

Re a counterclaim it would be for around £3,600 if I deduct the monies already paid to me by way of the Directors Loan or do I need to claim for all the amount, i.e. £10k so that it counters their claim. (I was unsure on this)

Yes my ET is in time. I am just completing it all. I will start a separate thread on this topic.

Re dividends and bonus there is no way of me finding out the amounts as I have no access to the company finances.

Under the counterclaim number 6, do I list my personal items at that exact point or under point 7.4.

Thanks
Libby

[des8]

As a shareholder you have a right to a copy of the company accounts: Companies Act 2006 sec 431
Signed for letter requesting copy within 14 days and warning if not supplied you will apply for a court injunction together with a costs award
At same time ask for return of your goods, with a warning that if not complied with you will apply for a court injunction with a costs award as per the Torts (interference with Goods) Act 1977

Re your counterclaim amount
I don't know if you should take into account the loan amount and offset it against your claim but IMO you should consider only defending the claim and not bothering with a counterclaim
I think your claim for withheld salary is better contained within your ET claim
Your dividends and bonus as director would be a separate county court claim once you have a copy of the accounts.

That is my opinion, but as I stated at the beginning I am out of my comfort zone and was hoping others might pick up on your situation

[libby23]

Hi Des8,

Okay, I will send the letter tomorrow.

Re the counter claim, I understand what you say. I am nervous to do it too and cannot really afford it. But, I am worried I wont be able to prove then to a judge that they owe me the money. Or can I explain that in a different way to a judge?

Regards,
Libby

[des8]

Regarding their claim, it is for them to prove it is valid.

In your defence you could add a final paragraph stating that the properly accessed Directors Loan will be repaid on receipt of outstanding salary, bonus and shareholder dividends which are or will be the subject of alternate claims.


In your defence documents refer at all times to "the claimant" and "the defendant".
In your witness statement you can refer to yourself in the first person

[libby23]

Hi Des,

I agree with you re the counter claim. I will just put that final paragraph to my defence re the DLA.

Thank you
Libby