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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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As a sub contractor who has been having a 3% retention held

Customer Question

As a sub contractor who has been having a 3% retention held from me.
Can they use these funds for damages at work .
I have not signed any contracts and am not in agreement with what I am being charged for.
There were no investigations held and I have not signed any if there was.
All procedures were followed correctly and none of the damages were malicious .
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this.

Alex Watts :

So you have not signed anything at all? Was this 3% ever agreed?

JACUSTOMER-jia5k8gr- : no i was told they were going to take it as they have it done to them to cover damaes.i never protested against it as they were giving me lots of work.
JACUSTOMER-jia5k8gr- : i have definetly never signed anything to agree to this.
Alex Watts :

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/85008/business-quickstart.pdf

Alex Watts :

Sorry ignore that link!

Alex Watts :

In that case they can not take 3%

Alex Watts :

If there has been no contract or agreement to the 3% then it can not be taken

Alex Watts :

When you start work that is a contract, even if not written

Alex Watts :

They can not change the contract after work has started

Alex Watts :

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

If they refuse then you can issue proceedings which can be done online at: www.moneyclaim.gov.uk or by competing form N1 at: https://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

The Court will then issue the claim which will be sent to the Defendant and they will have a limited time to defend it, if not you can enter Judgment and enforce it. If the matter is defended it will be set down for a hearing. If the losses are £10,000 or less then it will be a small claim and you do not need representation.

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.

If the system won’t let you please click reply.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

JACUSTOMER-jia5k8gr- :

So does this mean they can not use any of the retention to cover costs of damages that I do not agree to ?

JACUSTOMER-jia5k8gr- :

They also reduced my rates that were agreed without me knowing and have been underpaying me. Can I also bring this to light at the same time or is this a separate case.Thank you for your last response , I will rate you the highest possible And am sure we'll speak again in the future. Thank you

Alex Watts :

Yes because it was not agreed. You can also claim for everything the reduced rates and 3% in one claim

Alex Watts :

I hope this helps and please do remember to rate.

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