Re: letter before action template

[Batista230]

Hi
I have googled this and been unable to find a standard (one size fits all) template
Each and every letter I have seen seam to be for an individual and unique case

I just want a standard template of a letter saying something like "you have failed to pay XYZ and failure to pay within ABC days will result in court action to claim the full amount and court costs"

I am going to write 3 letter to 3 different previous employers; so each letter is going to be different
So once I have the template I will fill the rest in after

As this is a letter of action(s) to an x-employer I decided to list this thread in the employment law section

Any one have such a letter on there computer they wish to share or have a web link to one?

Thanks
Batista230

[R0b]

Re: letter before action template

So you are looking for a contractual debt letter before action or something else?

[charitynjw]

Re: letter before action template

Hi
I have googled this and been unable to find a standard (one size fits all) template
Each and every letter I have seen seam to be for an individual and unique case
Batista230

Hi Batista & welcome to LB

The 'off the peg' ones sometimes do the job, but you can't beat the bespoke ones.
(I wonder if that's why they are called law suits, lol)

[Batista230]

Re: letter before action template

Rob
I have never heard the term "contractual debt letter" before.
But I have googled it and found better results from the search term then "letter before action"
http://www.contractoruk.com/limited_...templates.html
The best letter I have seen a long time ago was from Thomas Higgins solicitors http://www.thomashiggins.com/pages/c...stage-one.aspx

Hi charitynjw
I can see your point how the professionalism of a well spoken letter can show we mean business!
Do you happen to have any drafted letters you have made for anyone over the years in your charity please?

[R0b]

Re: letter before action template

What it means is a debt owed under a contract. You could also try searching for letter before claim debt that should show some better results.

If you could supply some brief background to your claim I'm sure we could draft something up.

Alternatively a letter before claim is a simply letter which sets out certain information for the party your claiming against to understand the position. You could for example set it out in sub headings such as

Factual background or just background
Sets out the background e.g. You were employed by your employer ...

Legal basis for the claim
This is essentially the reason why you are looking to take them to court and you need to set out why. For example they have failed to pay you the correct amount on termination of the agreement and therefore in breach of contract etc. You should also include the amount you are claiming.

Damages
Set out your losses here and break it down.

Interest
State where interest is being claimed, this is usually 8% per annum.

Evidence
You refer to any evidence you intend to rely on in court and send a copy along with the letter. Bullet point each document of evidence.

Response
You should stipulate how long they have to reply, if they fail to do so you shall commence legal proceedings without further notice. Deadlines set are usually 14 days from the date of the letter.


The above is just suggestive but there is no set template for a letter before action though you do need to give enough information about the claim for them to respond.

[charitynjw]

Re: letter before action template

Hi charitynjw
I can see your point how the professionalism of a well spoken letter can show we mean business!
Do you happen to have any drafted letters you have made for anyone over the years in your charity please?

Lol, it's just a username, like Batista230.

[Batista230]

Re: letter before action template

If you could supply some brief background to your claim I'm sure we could draft something up.

OK listed below is one of the people I am sending a letter before action to
I will try to upload some more information on the claim and I will try to list information on the other 2 companies I wish to take to court over the weekend

But hear is a thread I started a while ago about the one claim
http://legalbeagles.info/forums/show...ht=#post536799

Hear is a copy of the last letter I sent him (copied and pasted off my PC)
**************************************************
Re: letter of grievance over wages

Dear Steve

Thank you for your letter dated 19th of September. You stated in your letter "I can confirm that if there where any differences in these figures, then the company would be prepared to reimburse you for these hours. However based on the time sheets you prepared and submitted for payroll purposes and the taco graph reading we have received. I believe you have been paid appropriately"

I can confirm that there are no differences for the times on duty stated between my time sheets I submitted to you, and my taco records and your taco records. So it would be completely pointless for me to submit copies of my tachograph reading to you anyway.
As the results are all the same and as you quoted in your previous letters that you are only prepared to pay me for driving work I have done and not other work I have done; and as I have asked to be paid for the whole amount. I now ask that you pay me for the other work I have done as well.

Kind regards
***********************************************

OK so this is my first thoughts to what I should put in my "letter before action"

Outstanding amount of unpaid wages: £1342.66
You have failed to respond to my last letter dated XXXXX asking you to provide evidence/statement of why you consider my request of £1342.66 of unpaid wages to be lawful

[Batista230]

Re: letter before action template

OK hear is my first letter so far.
What do you all think?

Re: letter before court action

Dear Mr. Walker

Outstanding amount of unpaid wages: £1342.66

You have failed to respond to my last letter sent recorded deliver on 1st of November 2015, asking you to provide written evidence of why you consider non payment of my requests listed above to be lawful.

If I do not receive payment of my request within 14 days of the date of this letter or receive a response given A justifiable reason why you consider your action to be lawful then I will make a court claim in a small claims county court against you for the above sum plus A £70 court fee and any other court cost I may incur

[R0b]

Re: letter before action template

You need to set out the basis of your claim, this includes a bit of backgruond and why they are in breach of contract. You need to show somehow a short calculation as to how you have come to the amount you believe you are owed. I've set something simple out below you just need to fill in the blanks and the bits in square brackets.

------------------------

Letter Before Action (larger font than your letter, size 12-14)

Dear Mr. Walker

Re: Outstanding amount of unpaid wages: £1342.66

I am disappointed to that you have failed to respond to my previous letter dated 1 November 2015 therefore I am sending you this letter in accordance with the Practice Direction on Pre-action Conduct and Protocols.

Background
As you are aware, I was employed by you from [DATE] to [DATE] and on or around [DATE] I/my employment was terminated. In the last month prior to the termination of my employment, I worked a total of [ ] hours as evidenced by the timesheets and tachograph submitted to payroll. Based on the timesheets, I was due to be paid [£ ], which is calculated as follows:

[CALCULATION]

Unfortunately, I have only be paid [£ ] leaving [£1,342.66] outstanding. Despite contacting you on several occasions, you have not yet paid me the correct sums I am owed. By failing to pay me [£1,342.66] you are in breach of contract and I have suffered loss and damage. In the circumstances, you are liable for [£1,342.66] plus interest. Interest is calculated at 8% per annum in accordance with the section 69 of the County Courts Act 1984.

Relevant Documents

I enclose the following documents that are relevant to this matter:

1.
2.
3.

Action Required

Payment of the outstanding sums should be made within 14 days from the date of this letter to the following account:

[ACCOUNT NUMBER
SORT CODE
BANK NAME]

If I do not hear back from you by [14 DAYS FROM DATE OF LETTER], legal proceedings may be commenced against you without further notice for the recovery of the outstanding amount of [£1,342.66] and in this event there may also be costs and interest which will be added to the amount that you have to pay.

I look forward to hearing from you.

Yours faithfully,

[Batista230]

Re: letter before action template

Thanks a good letter thanks

You need to set out the basis of your claim, this includes a bit of backgruond and why they are in breach of contract. You need to show somehow a short calculation as to how you have come to the amount you believe you are owed.

But we went through all this on previous letters; so I dont see why I need to re do it all again.
when you say "Relevant Documents" well what could I provided; previous letters I sent him?

Also he did not pay me the national minimum wage and made unlawfull deductions from my wages like damage loss to property and unpaid hiliday pay. So dose this count towards unlawfull and breach of contract? Even though we had no written or verbal agreement as statutory law would over ride anything or nothing?

You did not mention the small claims court and the £70 court fee in your template. Should this not be provided?


And what is "accordance with the Practice Direction on Pre-action Conduct and Protocols"

Thanks
Batista230

[R0b]

Re: letter before action template

I understand you went through it all before however a letter before action is part of the pre-action protocols and is a formal letter which sets out clearly in full your claim against them. The judge is likely to want to read the letter before action to understand what you are claiming than actually trawl through all the previous correspondence you may have had with them.

Practice Direction on Pre-action Conduct and Protocols or PDPAC for short is the rules and guidance that the parties should adhere to before commencing legal proceedings. There is an overriding objective for a party to proceedings to adhere to the Civil Procedure Rules which includes PDPAC. Failing to comply could give grounds for a sanction determined by the court depending on the seriousness of the failure to comply.

As for the underpaying of the minimum wage, yes that could also be part of your claim, and include any interest on that also. You will of course have to show why you believe you were paid less than the minimum wage.

[Batista230]

Re: letter before action template

As for the underpaying of the minimum wage, yes that could also be part of your claim, and include any interest on that also. You will of course have to show why you believe you were paid less than the minimum wage.

I am confused about interest fees; at what date can I start claiming them? I was paid less then minimum wage simply because the hours I toted up multiple by the NMW and the holiday entitlements calculated on those hours where more money then the total amount I was paid.
But according to him we had a verbal contact that stated I would only be paid for driving hours only and not other work as well. Which is a complete lie and means nothing if it was true as statutory law would over ride this. How should I explain this in my letter please?

[R0b]

Re: letter before action template

You should be able to claim from the date of making the claim although it can be earlier by the discretion of the judge.

Follow the template above and have a go at filling in the blanks and then post it up and I'll take a look at it for you

[Batista230]

Re: letter before action template

Hear is my letter; what do you think?

Thanks
Batista230

____________________________


Re:Letter Before Court Action


DearMr. Walker


Re:Outstanding amount of unpaid wages: £1342.66


Iam disappointed to head that you have failed to respond to myprevious letter dated 1st of November 2015 sent by recorded delivery;therefore I am sending you this letter in accordance with thePractice Direction on Pre-action Conduct and Protocols.


Background
Asyou are aware, I was employed by you from the 15th Dec 2014 until the14th Feb 2015 and on or around 14th Feb 2015 my employment wasterminated. In the time period prior to the termination of myemployment, I worked a total of 482.77 hours as evidenced by thetimesheets and tachograph submitted by myself to payroll and fromyour previous letters you agreed this was correct. Based on thetimesheets, I was due to be paid £3694.71 which includes holiday payand is calculated as follows:


Calculations
Asquoted and amended in my first letter I sent you


1.My standard rate of pay
Iworked for you for 8 weeks and listed below are the hours I have donewhilst employed by your company
Ihad no agreement on pay so I shall assume I am entitled to the NMW(national minimum wage)


week1 . (tax wk 38) 67.07hrs worked over 6 days: I was paid £252 grosswhich equates to £3.76 /hr


week2. (tax wk 39) 12.70hrs over 1 day: I was paid £115.50 gross whichequates to £9.00 /hr
HoweverI was advised that some of this included holiday pay


week3. (tax wk 41) 69.60hrs over 6 days: I was paid £294 gross whichequates to £4.22 /hr


week4. 64.05hrs over 6 days: I was paid £287 gross which equates to£4.48 /hr


week5. 67.60hrs over 6 days: I was paid £266 gross which equates to£3.93 /hr


week6. 68.43hrs over 6 days: I was paid £276.50 gross which equates to£4.04 /hr


week7. 70.45hrs over 6 days: I was paid £252 gross which equates to£3.58 /hr


week8. 62.87hrs over 6 days: I was paid £280 gross which equates to£4.53 /hr


totalhours worked = 482.77 (over an 8 week period = 60.35 average week)
totalhrs 483.77 x NMW (at that time in question) £6.50/hr = £3144.51


Holidaypay
Usingthe gov. web link in the "relevantdocuments" section listed below "Calculate holidayentitlement". The statutory entitlement is 57 hours and 24minutes of holiday.
57.40hrs x 6.50 (NMW) = £373.10


Expenses
Iwas told that all expense would be paid to me
Howevernon of this is shown on my pay slips
wk2 £29.60 river 7 bridge
wk5 £10.00 mobile phone
total£39.60


Unlawfuldeductions
Myfinal pay slip it show my basic pay of £280.00 and total payments(including night out allowance) of £437.50
Iwas paid £300 in cash which included a £68.00 deduction for theloss of a battery cover
anda £40.00 deduction for the loss of 2 ash trys.
Usingthe gov. web link in the "relivent documents" sectionlisted below. "Government rules regarding deductions from wages"
Isee there is no permeable lawful deductions for any loss or damage tocompany property
SoI ask for the balance.
totalpayment on the payslip £437.50 - £300 cash = £137.50 due


Summaryof the above
totalamount of the above £3694.71


Totalpaid
Andthis is what I was paid according to my pay slips at basic rate priorto tax deductions
wk1£252.00: wk2 £115.50: wk3 £294.00: wk4 £287.00: wk5 £266.00: wk6 £276.50: wk7 £252.00: wk8 £280.00
Nettotal paid = £2023
Andyou paid me the sum of £329.05 into my bank account (after my 1stletter)
Grosstotal you have paid = £2352.05


Totaldue
Thebalance shows you owe me £1342.66




Conclustion
Unfortunately,I have only be paid £2352.05, leaving £1,342.66 outstanding.Despite contacting you on several occasions, you have not yet paid methe correct sums I am owed. By failing to pay me £1,342.66 you arein breach of contract for not paying the national minimum wage andunpaid holiday pay which are both statutory law set out in the gov.web site links listed below in the "relevant documents"section "National Minimum Wage rates " And also unlawfuldeductions of wages. As of this I have suffered loss and damage. Inthe circumstances and you are liable for £1,342.66 plus interest.Interest is calculated at 8% per annum in accordance with the section69 of the County Courts Act 1984.




RelevantDocuments
Ienclose the following documents that are relevant to this matter:


1.Copy of the 1st letter I sent you
2.Copy of the 2nd letter I sent you
3.Copy of the 3rd letter I sent you
4.Government web site link to the guide on national minimum wagehttps://www.gov.uk/national-minimum-wage-rates
5.Government web site link to a guide of annual leave entitlementshttps://www.gov.uk/calculate-your-holiday-entitlement/y
6.Government web site link to a unlawful deductions of wageshttps://www.gov.uk/understanding-your-pay/deductions-from-your-pay
7.Copies of times sheets.
8.Copies of pay slips


ActionRequired
Paymentof the outstanding sum should be made within 14 days from the date ofthis letter to the following account:


ACCOUNTNAME: XXXXXXXXXXXXXXX
ACCOUNTNUMBER: XXXXXXXXXXXXXXXXXX
SORTCODE: XXXXXXXXXXXXXXXXXXXXXX
BANKNAME: XXXXXXXXXXXXXXX


IfI do not hear back from you by 14 days from the date of this letter,legal proceedings may be commenced against you without further noticefor the recovery of the outstanding amount of £1,342.66 and in thisevent there may also be costs and interest which will be added to theamount that you have to pay.


Changeof correspondence address
Myprevious address of "XXXXXXXXXXXXXXXXXXXXXXXXXX" which you sent all correspond to (marked at the top of allprevious letter) has now changed.
Mynew address is "XXXXXXXXXXXXXXXXXXXXXXXXXXX". Kindly send any correspondence you may haveto this address


Ilook forward to hearing from you.


Yoursfaithfully,