Wages not paid

[icrina53]

Good morning,

I was just wondering if someone could help me. A friend of mine has done some work as a sub-contractor as and when needed basis for a company, everything went well he got paid etc. Then one day in the morning he got a phone call to attend a job , he could not do it so he got a message from his 'employer'' saying that he is sacked. He set him a last invoice of the work he already done and the employed refused to pay. After sending a letter of Notice of intending to make a claim the employer still has not paid and he responded to do whatever my friend wants.
We issued a claim through MCOL and now the employer keep asking, via email for breakdown of hours etc ( even though we sent him an invoice) , now my question is : do we have to reply directly to him? or everything needs to go through the court? he has not responded to the claim yet.

Thank you,

[Kati]

Re: Wages not paid

How long ago was the MCOL claim issued?? Has he acknowledged service?

tagging [MENTION=51026]Ula[/MENTION] [MENTION=55034]nemesis45[/MENTION] xx

[icrina53]

Re: Wages not paid

How long ago was the MCOL claim issued?? Has he acknowledged service?

tagging @Ula @nemesis45 xx

The claim was issue on the 19th. Nothing is shown onto MCOL account apart from the claim being issued so I suppose he hasn't acknowledge, but he definitely receive it as he mentioned it in the email.
I ad my fair bit with the court and I am trying to help my friend but I was always the defendant and not the claimantso not sure if e need to communicate with him directly or just through the court?

[paulajayne]

Re: Wages not paid

"employer keep asking, via email for breakdown of hours etc"

Why not just send/ resend this info?

[jaguarsuk]

Re: Wages not paid

The claim was issue on the 19th. Nothing is shown onto MCOL account apart from the claim being issued so I suppose he hasn't acknowledge, but he definitely receive it as he mentioned it in the email.
I ad my fair bit with the court and I am trying to help my friend but I was always the defendant and not the claimantso not sure if e need to communicate with him directly or just through the court?

You can communicate directly if you wish and doing so might resolve the matter without the need for it to go further.

I'd just modify the invoice to include the information and then tell the employer to settle figure on the claim your friends bank account within 14 days, then you'll withdraw the claim.

[icrina53]

Re: Wages not paid

"employer keep asking, via email for breakdown of hours etc"

Why not just send/ resend this info?

I can is not a problem, he's got it already anyway. The question is should I keep communicating with him via email , and keep all this log just in case we need it in court? or just wait for him to respond via MCOL and then will do it through that?

- - - Updated - - -

You can communicate directly if you wish and doing so might resolve the matter without the need for it to go further.

I'd just modify the invoice to include the information and then tell the employer to settle figure on the claim your friends bank account within 14 days, then you'll withdraw the claim.

Thank you, I will try that although I doubt is going to pay. We've done all this when we sent him the Notice of intended prosecution and basically told my friend to bugger off and do as he pleases.

[jaguarsuk]

Re: Wages not paid

Thank you, I will try that although I doubt is going to pay. We've done all this when we sent him the Notice of intended prosecution and basically told my friend to bugger off and do as he pleases.

Perhaps, but now the claim has been issued he may be taking it more seriously.

[nemesis45]

Re: Wages not paid

Perhaps, but now the claim has been issued he may be taking it more seriously.

You will need to keep checking to see if the claim is acknowledged, he has a limited time to do so.
7 days since issue so allowing for weekend, so only 4 working days have elapsed.
nem

[warwick65]

Re: Wages not paid

As far as I can work it out they have until 8th Oct to acknowledge ( actually it will be 4pm 9th because 8th is a Sunday)

I think if the person is emailing you asking for a breakdown of hours etc you would be wise to supply these even if you have sent them before, You need to be seen to be trying to resolve this before it reaches court otherwise you could theoretically have costs awarded against you for unreasonable conduct.

[icrina53]

Re: Wages not paid

As far as I can work it out they have until 8th Oct to acknowledge ( actually it will be 4pm 9th because 8th is a Sunday)

I think if the person is emailing you asking for a breakdown of hours etc you would be wise to supply these even if you have sent them before, You need to be seen to be trying to resolve this before it reaches court otherwise you could theoretically have costs awarded against you for unreasonable conduct.

We will supply all the info he asks for, no worries there. What is happening if he doesn't even acknowledge the claim? From his emails I can tell he doesn't have a clue what Money Claim is . Can I request a judgement on the 10th of Oct. if he doesn't do anything?

[Amethyst]

Re: Wages not paid

I wouldn't jump on the default judgment request to be honest, he may make an application to set aside, although as he has told you he has received it it's unlikely he'd succeed, but with this issue over his request for information it could go in his favour - so I'd supply that information, remind him in the cover letter that he has to x date to respond to the claim through the court and invite him to settle the claim.

[icrina53]

Re: Wages not paid

I wouldn't jump on the default judgment request to be honest, he may make an application to set aside, although as he has told you he has received it it's unlikely he'd succeed, but with this issue over his request for information it could go in his favour - so I'd supply that information, remind him in the cover letter that he has to x date to respond to the claim through the court and invite him to settle the claim.

Good morning ,

Replied to his email with a detailed invoice, inviting him to settle the claim etc I haven't anything from him at all, he still hasn't acknowledged the claim or anything. He's got until Monday to do that, if he doesn't what should we do? how long after Monday should we wait?

[icrina53]

Re: Wages not paid

You will need to keep checking to see if the claim is acknowledged, he has a limited time to do so.
7 days since issue so allowing for weekend, so only 4 working days have elapsed.
nem

Hi Nem,

Can you please advise me on what I can do now? yesterday at 4pm was the deadline for acknowledging the claim. He has not , and he did not reply to my friend's email about the detailed invoice etc. How should we proceed from here?
Thank you

[nemesis45]

Re: Wages not paid

Hi Nem,

Can you please advise me on what I can do now? yesterday at 4pm was the deadline for acknowledging the claim. He has not , and he did not reply to my friend's email about the detailed invoice etc. How should we proceed from here?
Thank you

Hi Icrina,

His response may be in the system the courts do have some backlog so allow a couple of days at least then check with the court.

nem

[Diana M]

Re: Wages not paid

when we sent him the Notice of intended prosecution and basically told my friend to bugger off and do as he pleases.

What do you mean by a Notice of "intended prosecution"?

How much is the claim?

Was there anything in writing (i.e a contract) about hourly rates to be paid for his work etc ?

Is the Defendant a limited company or a sole trader (you refer to "Company" in your first post)?

Di