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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46180
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Good morning Mr. Jones,Hope you are fine.In relation

Resolved Question:

Good morning Mr. Jones,Hope you are fine.In relation with our previous conversation, would like to let you know what is happening.
Yesterday, 16th April was the last day of the frame time I gave to the family I was working for to recover the debt for not given notice period and cancelation of the contract.
In result of that since 1st April, 2016 I am without any income, run out of my savings. I am not able to pay the upcoming bill for my phone (on 24th, April) and next rent - 75 pounds due on Friday, 22nd April.
I am actively seeking new job - two days ago attended an interview, on Tuesday a got another interview. I did apply for Job Seekers Allowance I am eligible for, but will receive some money not earlier than end of the April.
Obviously I must go ahead and do online money claim, but can not afford the fee - 70 - 80 pounds. Could you advice me, please what to do?!
Please, keep in mind I am not able to pay any fees as I have only 3 pounds in my bank account, and wouldn't expect answer if you are not happy to.Thank you,Best wishes,Stefanie
Submitted: 11 months ago.
Category: Employment Law
Expert:  Ben Jones replied 11 months ago.
Hello Stefanie, you may be able to get help with the court fees, this is known as a fee remission. It is for those on low or no income. The form to fill in is here: http://www.lease-advice.org/documents/ex160-eng-2015.10.pdf The guidance notes are here: https://www.moneyclaimsuk.co.uk/PDFForms/EX160A.pdf Also remember that you do not have to make the claim straight away – you have 6 years in which t claim so if needed you could wait for a bit longer until you are able to afford the fees.
Customer: replied 11 months ago.
Hello,Thanks for the answer.O'k - I have 6 years to claim the debt, but it's growing day after day, which means I would need more and more money to fallow the procedure and to be able to pay the fees?! And would like to finish this matter as soon as possible, because it is affecting all my life, Mr. Jones.
Expert:  Ben Jones replied 11 months ago.
the debt will not be growing much - you have a fixed debt based on what you were owed by the time your employment ended, plus a tiny bit of interest will be added so it will not be growing much at all, but if you want to pursue it now you can, you will have to fill out the form I included to claim fee remission
Customer: replied 11 months ago.
Yes, Mr. Jones, I agree for the fixed debt base, but as you said previously they will be liable for any losses incurred as a result of that breach - that is: rent, food, travel expenses (cost of living, existence minimum), fees for the last of not given notice period (5 weeks), till 6th May, 2016, do they? Or I am wrong? And the court fee depends of the amount I claim? So everything is in relation with previous facts.
Expert:  Ben Jones replied 11 months ago.
Did they pay you for rent, food etc?
Customer: replied 11 months ago.
No, they don't pay my food. In our Agreement there is a clause that the family will pay my rent on the described address, where I still live and pay the rent on my own. But, this is the next their lie and misunderstanding: They agreed only one week notice for an accommodation (I learn it from the landlord), against our Agreement - Notice period of no less than 5 weeks?! In my opinion, there should be the equivalent notice for accommodation as for the cancelation of services, isn't it?! Or I am wrong? They did pay a rent last on 1st April, till 8th April. Afterwards - on 8th,15th I did pay. That's way I am saying the debt will grow up - till 6th May and will be over 1,500 only for notice and rent.
Customer: replied 11 months ago.
Sorry, the debt will grow up till 9th May, 2016 as the contract has been cancelled on the 4th April.
Expert:  Ben Jones replied 11 months ago.
Ok it doesn’t quite work like that – you can’t claim for food, travel expenses, living costs on general – you can only claim direct losses. So in your case these would be the notice period itself and if they paid for accommodation and you were evicted early – equivalent rent for renting elsewhere for the duration of the period you should have been allowed there. Accommodation can be cancelled when the contract ends (as long as the required notice period is given) or if no notice exists – with at least 4 weeks notice. As mentioned it is up to you when you claim, you wither do it now or wait when you can afford it – there is no right or wrong answer, you decide. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46180
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 11 months ago.
Of course, I don't expect anyone else to pay my living costs on general. I was meaning - direct losses. I have one question more, please. I couldn't understand do I have a right to claim rent cost for 4 weeks? The family negotiated different notice - 1 week notice (they did pay for it) for accommodation, but no less than 5 weeks notice for my work - Our Agreement. The notice for both should be 5 weeks (one the same period), or not?! Do I can claim pay of rent for those 4 weeks, or not?Otherwise everything else is clear.Honestly will gave you positive rating 5 stars.Thank you
Expert:  Ben Jones replied 11 months ago.
It depends on how you are occupying the accommodation - this will explain it fully: http://www.rbc-homes.org/choice/uploads/Factsheet_11.pdf

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