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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48156
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have recently terminated employment with a company and am

Resolved Question:

I have recently terminated employment with a company and am in dispute over £1900 of unpaid commissions. They have consistently failed to address these issues over the last 6 months or my recent letter to their Management.

I have retained company equipment values at £1200 and have today received a call from the police following their "informal" complaint regarding the theft of such items.

I am seeking advice as to how I may obtain payment of that owed and avoid formal police action regarding the alleged "theft" of equipment.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

How long did you work there for?

Customer:

From March 2013

Ben Jones :

OK thank you, XXXXX XXXXX it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this afternoon. There is no need to wait and you will receive an email when I have responded. Thank you

Ben Jones :

Many thanks for your patience. Whilst you are owed money by the company, it is best not to try and take the law in your own hands by withholding their property. As it could prompt them to pursue you for this, as has happened in this case.


 


Basically in such circumstances you have the right to pursue them for the debt owed and they have the right to pursue you for the property you are holding. If the police are after you now because you have been accused of theft, you could argue that you are ‘holding a lien’ over these goods while you are waiting for payment. The issue is that the police may ignore that and proceed with whatever action they believe is appropriate. This is because such a reason would only really stand up in court, rather than when you tell the police directly. So it is something you can use as a defence should the matter go to court.


 


The objective of the police is to try and retrieve the goods without having to prosecute and let this get to court, but if this is not possible then they may actually go ahead and take this to court. So this is the risk you run, even if you could later argue in court that you were holding he goods in lien.


 


The alternative is to return the goods and then pursue the company for the money you are owed via the small claims court. Then you will only have a claim against them and they would not have anything to pursue you for as they would already have the goods in their possession, you then also avoid the risk of being charged with theft.

Customer:

Many Thanks Ben,

Customer:

Given the value owed and the likely expenditure of further action could you advise the most suitable route for me to pursue this matter in small claims court.

Customer:

Many Thanks Ben,






Given the value owed and the likely expenditure of further action could you advise the most suitable route for me to pursue this matter in small claims court



Ben Jones :

Hi, there is really only one way to pursue the small claims court and that is to issue a claim, preferably online as it is cheaper (www.moneyclaim.gov.uk) then that starts the whole process

Ben Jones :

I take it you are only claiming for the £1,900?

Customer:

It was a contributory factor in my decision to leave

Customer:

I hadn't considered any further claim

Ben Jones :

well it is the only claim I can see as you do not have sufficient service with them to claim anything else, so assuming it is the only claim, would the total value be for £1.9k?

Customer:

Yes

Ben Jones :

ok so it is as discussed above - the small claims court by submitting the claim through it, with the fees to make the claim being £80

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Customer:

Everything perfectly clear.

Customer:

Many Thanks

Ben Jones :

Great, you are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



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