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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47341
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi, I have been working for a company since July 2013. I

Resolved Question:

Hi,

I have been working for a company since July 2013.

I have incurred expenses as a result of my job, these remain outstanding. They are as follows
Dec/Jan £934.26
Jan/Feb £878.29
Feb/Mar £733.38

In previous months to these I have received payment.

Can I take them to the small claims court to force them to pay or issue a winding up order on them.

I do not wish to invoke a grievance as I know this will fall on death ears.

The companies concerned are in financial difficulties and I want to get payment before they go under.
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. Why have they not paid your expenses?

Customer:

Because they have no funds.

Ben Jones :

You could certainly consider taking them to the small claims court to pursue the money you are owed but you need to carefully think if that would be worth it in the circumstances. If they have no funds to pay you, then you could spend the time and money pursuing this through the courts, win and obtain judgment against them but find that they simply refuse to pay you or have entered insolvency/winding up proceedings and the debt would then just be dealt with as a debt of the company and fall into a pot with all other debts they owe. The obvious risk is that you would have to spend additional money on making the claim and it will just increase your potential losses as you may not get that money back.


 


Instead of going through the courts you may try and issue a statutory demand for the debt first and if that remains unsatisfied after the official 21 day deadline, you can consider issuing a winding up petition against them. The issue is that you will again have to pay certain fees associated with the petition but at least you can go straight for that instead of having to obtain a court judgment first. Once the petition has been issued the company has several options:


 


1) Negotiate informally with you or enter formal company voluntary arrangement (CVA) to agree on some form of repayment plan with you.


 


2) Make an application to the courts for an adjournment to allow the company to consider a company administration procedure. Alternatively they could seek to dismiss the petition by showing they simply need more time to pay off their debts or that the debts you are after are invalid.


 


4) Raise the necessary funds to repay your debts and satisfy the reasons for the petition.

Customer:

Ok thanks

Ben Jones :

You are welcome

Customer:

I am trying to exit and rate

Customer:

It will not let me rate to complete

Ben Jones :

There are some technical issues at present unfortunately, so instead you just have to type in the rating on here and it will be processed later on, thank you

Customer:

Good

Ben Jones :

Thank you

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