• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Issuing a statutory demand against ex-employer

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Issuing a statutory demand against ex-employer

    I am owed £9000 pounds by my ex-employer for a redundancy pay-off, through a settlement agreement. The debt has been outstanding for over 3 years.

    It was originally £30k, and I was paid some of it fairly quickly, but it has been very difficult to get the rest. There have been many broken promises, and I eventually received a couple of partial payments, leaving £9k outstanding now.

    I have a record of over 40 attempts to contact them to resolve this, through email, phone and meetings. They are not disputing that the money is owed. I have a letter from them from January 2017, thanking me for my patience and saying that they have every intention of paying me, plus numerous emails where they say they will pay.

    However, they never seem to have any money. They make promises, such as expecting a big order in a couple of weeks, but when money does come in, they then say there are higher priorities and I don’t get paid.

    I have been threatening legal action for some time, and really feel that I need to follow through on that now to have any credibility.

    My house insurer's legal helpline recommended that I issue a Statutory Demand and, if that fails, then a winding up order. They can't take it up for me as they don't cover contractual issues (and the time limit has passed for it to be an employment issue).

    They didn't recommend MCOL as they felt that route could take a long time and I have waited long enough. An ex-colleague (contractor) used MCOL for outstanding invoices and still had to get bailiffs involved in the end.

    Another ex-colleague (in an identical situation to me) used solicitors to get a winding-up order and incurred £7k legal fees! I think he went the county court route first.

    I issued a LBA a couple of weeks ago, but have had no response.

    I may well use solicitors if I end up going for a winding up order, and have been quoted about £3k, including court fees and solicitor’s fee. However, I would like to save some costs by issuing a statutory demand myself.

    I have prepared a draft. Is it acceptable to post a draft on here and ask for comments?

    Thanks very much for any assistance.
    Tags: None

  • #2
    I posted this on a Friday night when I guess there weren't many people on the site! Please can anyone help or make any suggestions? I've been trying to find sample Statutory Demands online to check that my draft is on the right lines, without any success.

    Thanks.

    Comment


    • #3
      If they do not have the money to pay at this time it might not be the best course of action to bring at this time legal proceeding against them.



      Perhaps a final letter to them questioning as the when you will receive the remaining monies. Even consider accepting a fixed amount per month say £500.

      Was the agreement documented?

      Comment


      • #4
        Hello

        See attached example of a Statutory Demand against a company.
        Attached Files
        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

        Comment


        • #5
          Originally posted by paulajayne View Post
          If they do not have the money to pay at this time it might not be the best course of action to bring at this time legal proceeding against them.



          Perhaps a final letter to them questioning as the when you will receive the remaining monies. Even consider accepting a fixed amount per month say £500.

          Was the agreement documented?
          Originally posted by R0b View Post
          Hello

          See attached example of a Statutory Demand against a company.
          Hi Paulajayne and Rob. Thanks for your replies. I haven't been online for a while because my ex-employer made a small payment. They have promised to make another partial payment by the end of August and the remainder by the end of September. It remains to be seen as to whether they keep their promises this time.

          If I don't receive a payment this week (by the end of August), I may issue a statutory demand, so thanks Rob for your example. Alternatively, as the amount owed is now £7k it falls within the fast track range for MCOL, so that may be a better option.

          In answer to your question Paulajayne, I suggested the payment by installment option several times, but they weren't interested. And I do have a written agreement and enough emails to prove that they don't dispute the amount owed.

          Thanks again for your help.

          Comment

          View our Terms and Conditions

          LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

          If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


          If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

          Announcement

          Collapse
          1 of 2 < >

          SHORTCUTS


          First Steps
          Check dates
          Income/Expenditure
          Acknowledge Claim
          CCA Request
          CPR 31.14 Request
          Subject Access Request Letter
          Example Defence
          Set Aside Application
          Directions Questionnaire



          If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





          NOTE: If you receive a court claim note these dates in your calendar ...
          Acknowledge Claim - within 14 days from Service

          Defend Claim - within 28 days from Service (IF you acknowledged in time)

          If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




          We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
          If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
          2 of 2 < >

          Support LegalBeagles


          Donate with PayPal button

          LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

          See more
          See less

          Court Claim ?

          Guides and Letters
          Loading...



          Search and Compare fixed fee legal services and find a solicitor near you.

          Find a Law Firm


          Working...
          X