Help please self employed v former company

[Jj1]

Hi there
I was working for a company for a short 2 months period, and never received my final payment, despite numerous emails, and phone calls to no avail, I then started a claim through money claim, and again nothing more , however since been contacted by the company solicitor stating they're going to request to set aside judgement, as they say it got a parking ticket (never been to the place ). I took time off, had 1 day where was told to work from home, and damaged a vehicle, have photos of vehicle upon return to cover myself, and was never sole user. They are now trying to counter sue me for costs, the total owed is £960, they have since offered 100, I declined as have previously offered negotiation with no response plus no where near the figure acceptable for the 3 months inconvenience. Any advice please great fully received

[R0b]

Re: Help please self employed v former company

Hello,

This seems to be a simple breach of contract. If you have evidence of the vehicle's condition on return and that you were not the sole user then the burden will be on the employer to disprove your photographs and also that it was you, not someone else that caused it, despite multiple users using the vehicle.

When you made your claim online, how much were you claiming for? Have they given a break down as to why they are claiming £960?

[Jj1]

Re: Help please self employed v former company

I was originally owed £960, they are now trying to counter claim against me. Will I have the opportunity to respond? As don't have a citizen advice or solicitor appointment for 8 days time. I have photos of the vehicle condition and the invoice they are showing for the repairs is dated almost 3 months after I had left. Just a bit panicked as they are trying to put all costs onto me now . Despite them not previously responding. Hoping a judge will see through this last ditch attempt by them

[R0b]

Re: Help please self employed v former company

I think if you set out as much information as you can that would be helpful as I am still struggling to understand where you are currently at.

1. Employers counterclaiming - was this done as part of their defence or a separate application. Either way have you filed a defence for that counterclaim? If not then failure to file a defence will mean that they can apply for default judgment of those costs against you because you failed to defend it.

2. Could you post your particulars of claim that you entered into MCOL.

3. How much is the employer counterclaiming for?

4. The hearing is in 8 days time? Have you filed a witness statement or have you been ordered to?

5. If you can post up the evidence they have supplied to you and any defence/counterclaim from the employer (take out personal info) and/or witness statements we can then offer better advice.

You can do this by clicking on the "Go advanced" button and then there is a paperclip icon which you can upload documents or if you are struggling, send an email to admin@legalbeagles.info and [MENTION=6]Amethyst[/MENTION] will pick it up.

[Jj1]

Re: Help please self employed v former company

The company have asked to set aside the judgement as they did not supposedly receive it despite listing this on all of there correspondence and literature as the head office.
They have now opted to counter claim against me for the supposed damages and fees 1300 pounds. They are applying to set aside judgement today.The evidence they have supplied is an invoice nearly 3 months after I had left the company for body repair and a parking ticket . Again I was not the sole driver of the vehicle with at least 3 others having access to it to my knowledge. I have photos of the vehicle condition and signed time sheets from clients. I have an appointment with citizens advice in 7 days time. Sorry unable to post full details as current at work

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Really appreciate your help. Feels like a minefield.

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Really appreciate your help. Feels like a minefield.

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Really appreciate your help. Feels like a minefield.