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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I was working through an employment agency for a County Council

Resolved Question:

I was working through an employment agency for a County Council (initially a nine month contract) when they terminated the contract after two months. I have made a claim for payment of twenty two hours. I was informed by them that they would not pay this has I had not found the savings they where looking for.
Would you please advice as to how I can resolve this.
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 :

What is the 20 hours for - did you work this time?

Customer:

Yes. It was for hours completed Monday 17th - 7.5hrs Tuesday18th - 7.5hrs and Wednesday 19th - 7hrs

Ben Jones :

When you say you have made a claim, where did you do this?

Customer:

I left a time sheet with the Commercial Manager who was the person who informed me that they where not going to autherise payment

Ben Jones :

How much is the value of the claim?>:

Customer:

For me personaly it is three hundred and fifty two pounds Gross. I am not aware if the council was paying the agency any fees.

Ben Jones :

Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:


 



  1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.

  2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

  3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.


 


Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.


 

Customer:

Is there a time limit to this process

Ben Jones :

6 years from the date the payment is due

Customer:

Thank you for your advise,

Ben Jones :

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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