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.
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.
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