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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My husband was employed by a small limited liability website

Resolved Question:

My husband was employed by a small limited liability website company. He left the company in August 2013. When the time came to pay off employees annual tax in March 2013, they contacted him saying they had a cash flow problem and could afford only £1000 of the £2700 owed to the tax department. They have promised in e -mails to pay us the remaining balance in instalments but the first promise to pay £250 in mid March did not happen. What legal right do we have to take this to small claims court? Please help!
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.


 

Alex Watts :

You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

Alex Watts :

If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Hi Alex, that's really helpful! Who is responsible for the payment to the tax department? The employer or employee?
Customer: Correction March 2014 not March 2013
Alex Watts : Yes it makes no differnce. You can sue for full sum.
Alex Watts : Can I clarify anything else?
Customer:

Thanks Alex, we're buying a house and expecting our first baby in may 2014, this money could do well to doing up a nursery and some much needed decorating!

Alex Watts : Yes. I can imagine!
Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer:

Do we have to pay the county court a portion of the money we get back?

Customer:

I will certainly give you a very favourable rating!!

Alex Watts : Yes any court fees you pay are added to the debt.
Alex Watts : So you are not out of pocket.
Customer:

when my husband was an employee of the company he invested £5000 of his own money in 2011 to buy computers and software equipment, should we file for these separately to in conjunction with this present issue. we've bee very gracious to them as they were our friends, but we feel as though we've been taken for a ride

Customer:

they did agree to pay us this as well in e-mails which we have kept

Alex Watts :

Yes as long as you have evidence that will be fine.

Alex Watts :

Can I assist with anything further?

Customer:

yes, one thing more, should we file for each claim separately or together as they are for different dates

Alex Watts :

Together, but itemise it out in the claim

Customer:

ahhhh ok! brilliant Cheers! Bye

Alex Watts :

Thanks. Have a good weekend and dont forget to leave feedback!

Customer:

Certainly! Have a good one too!

Alex Watts :

Thanks!

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