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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3695
Experience:  Solicitors 2 years plus PQE
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i have been working for a construction company for seven months.

Customer Question

i have been working for a construction company for seven months. and as from July the company went into liquidation due to financial difficulty.Then the sons of the old company opened new company in which took on all the work after a month and i continued working for the company then was told on 2 september the new comapany can not pay me the money I was getting preivously and my salary would be reduced from £26k to £17k he said I would be paid by the new company for August but september i would be paid the new deduced amount and i can look around for something with more money. so because of this I call the office the next morning to informed the company I would not be coming back. But I still have received my August salary. I have called the office and sent a few emails but have received not answer. This was one of the common things the company. I did not have any written contract
yet which was a hugh mistake for me
Can you please help or advise me how I can get the company to pay me my August salary?
awaiting you reply
Janet
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Do old co and new co have the same or similar names?
How much does old co owe you? and How much does new co owe you?
Were the sons the directors of old co and new co?
Kind regards
AJ
Customer: replied 3 years ago.

Hello Alex,

Thank you for assisting me.

Yes they do old co was Phase Brickworks Ltd and new co is Concept Brickwork Ltd

Old co do not owe me any money new co owe's me £1,718.32

Dad was director of old company and sons worked for dad. Now one son is director and the other company secretary and Dad is the advisor.

Regards

Janet

Expert:  Alex J. replied 3 years ago.

Hi, Thank you. Was the sum of £1,718 accrued whilst working for new co? I have to go off line briefly but I will prepare an answer and respond to you this evening so please do not be concerned if you do not hear from me right away. Kind regards AJ

Customer: replied 3 years ago.

Hi Alex,

So far as I am aware the new company was formed 18th July 2014.

I started working for the old company in Feb and, was paid last day of every month up until July. All staff and I worked for the old company up until the 11th August and started working for the new co on 12th August same as all the other employees.

My last working day was 2nd September because I was informed by the advisor on 2nd September I would receive a full salary for August because I had earn that but, September my salary would be reduced to about £900 due to the lack of funds coming in even although they employed a Bookkeeper a week ago for £25K. I still haven't received my salary for August. When I email the Bookkeeper he replied he his dealing with it and I still haven't heard anything.

Regards

Janet

Expert:  Alex J. replied 3 years ago.
Hi,
Thank you for your response.
My apologies for the delay.
Ultimately you have earned the money and you have someone from newco admitting to you that the money is owed. As far as the newco debt is concerned if they do not pay you, you can start a county court claim against them - give them another week and if they still do not pay you can commence the proceedings here. https://www.gov.uk/make-money-claim-online
In relation to the money you have not been paid for old co, the first point to consider is have you contacted the liquidator and asked what arrangements will be made for employees. Ultimately you are a preferred creditor up to a sum of about £700 as a form employee of old. Therefore at the very least you will be able to recover this if oldco has any assets. Also if the liquidator is aware that new co is being operated by the same people under a similar name, there may be grounds to hold the directors personally liable for old co's debts - this is something the liquidator will arrange in due course and depends on whether the directors notified their creditors of this.
I look forward to hearing from you.
Kind regards
AJ
Alex J. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Alex

Sorry for the delay in getting back to you.

With the old company I have already completed

form RP1 and will be forwarding it on to the Liquidators

or Redundancy Payment department. I am waiting for the

liquidators to instruct me were to send the form.

Should I call or inform by email the director of the new company

that I will be taking further action if my money is not paid to me by Friday? I have already emailed the bookkeeper many times because he emailed me he was taking care of my salary. I have emailed the bookkeeper to call or email me Monday when my salary will be submit in my account because Friday I checked and it is still not in my account.

Expert:  Alex J. replied 3 years ago.
Hi,
Thank you.
Excellent, if you have claimed from the National Insurance fund then you should certainly get something back.
In relation to the new co - you have to give a written 7 day notice that you intend to take county court action.
Call them again on Monday and give them one more chance - if they still do not pay you can commence proceedings by giving them a 7 day notice.
Kind regards
AJ
Customer: replied 3 years ago.

Hi Alex,

I only just emailed and posted the yesterday giving them 7 days notice to take county court action. I had a response today asking me to confirm my address because a cheque was sent on 12th Sept.

Not sure what to do at this stage. Do I suggest money should be paid directly into my account within 7 days or accept a cheque if it arrives within 7 days?.

Regards

Expert:  Alex J. replied 3 years ago.
Hi
Thank you
If they have offered a cheque give them the benefit of the doubt this once.
Wait for the cheque - because it could be an opportunity to avoid court action. Ideally you would like to avoid it simply because it is time consuming and stressful.
If the check does not arrive proceed with the claim.
Kind regards
AJ
Customer: replied 3 years ago.

Hi Alex, Thank you so much the company paid me by Cheque so thank you again,

I have another question regarding unsatisfied customer service with Leade Shipping Ltd. Hope you are able to read the attach letters.

I arranged to ship 2 barrels (containing for clothes, food, accessories) arranged to be shipped from London to St Vincent on 13.3.14 with Leade Shipping company who we have used in the past. With disappointment the barrels arrived a day after we arrived in St Vincent for a holiday, but was told there was no bill on lading so therefore our barrels was not released. Then was told everything would be cleared up

the next day. Unfortunately after many excuses from the shipping company (Leade Shipping) and phone calls not being returned throughout the holiday. However, on 28th April two days before our departure the barrels arrived. We had to pay an extra charges at customs to received the barrels and to add more disappointment some items were missing and food had to be thrown away. There was a loss of £890.00. We have already request Leade to reply with 14 days otherwise we will apply to claim compensation through the court. The 14 days are almost up and I would like to know at this stage if there is anything else we can do to recover our loss? I only have a collection/Delivery note from Leade Shipping dated 12.3.14 as proof of barrels been collected from Leade.

Hope you can help with the above at this stage or put us in the right direction.

Looking forward to your reply soon.

Kind regards

Janet

Expert:  Alex J. replied 3 years ago.
Hi,
Thank you.
I will review this today and revert to you asap.
Kind regards
AJ
Customer: replied 3 years ago.

Thank you very much for you help and speedy replies

Janet

Customer: replied 3 years ago.

Hi Alex,

Regarding rating I keep receiving the same message is this normal?

Are you receiving the replies

Expert:  Alex J. replied 3 years ago.
Hi,
Thank you.
My apologies - please ignore those for the moment.
I have typed a response and it is at my office, I will post it when I get there this evening.
Kind regards
AJ
Expert:  Alex J. replied 3 years ago.
Hi,
Thank you very much for your patience.
Can you confirm is this company based in the UK?
Kind regards
AJ
Customer: replied 3 years ago.

Hi

Yes the company is based in the UK. However!!

The company we used (Leade Shipping) used another company to ship the barrel called RAM who is also based int the UK. RAM used a company called Cox based in St Vincent who were the receivers.

It was the company RAM who instructed us that they did not receive the correct documents from Leade Shipping.

Expert:  Alex J. replied 3 years ago.
Hi,
Thank you.
When you requested the service did you only sign a contract with Leade?
Kind regards
AJ
Customer: replied 3 years ago.

Yes we did. Sorry I made a mistake in my previous email. It was Cox in St Vincent who informed me that the necessary documents were not sent to them, to release the barrel to us in St Vincent.

Hope this helps

Janet

Expert:  Alex J. replied 3 years ago.
Hi,
Thank you.
Whichever agents were used to make the final delivery, your contract is with the English company.
If you don't want to sue them for basically failing to provide proper documentation and therefore not providing the service with reasonable care and skill under the Supply of Goods and Services Act 1982 - your only option is to complain to Trading Standards - www.tradingstandards.gov.uk
Ultimately they have to take responsibility for their agents.
Have they explained to you what has gone wrong?
Have you suffered a loss?
Kind regards
AJ
Customer: replied 3 years ago.

Hi Alex

Yes, I do want to sue Leade Shipping under the Supply of Goods and Services Act 1982. Leade Shipping knew there was a problem but have not given me any explanation. I have suffered a loss,(eg. goods missing from the barrel, food had to be thrown away, international phone calls and hire of a vehicle for unnecessary trips to collect the barrel)

Also to whom should I complain and how should the letter be worded?

Do you think I have a claim?

Expert:  Alex J. replied 3 years ago.
Hi,
Thank you.
Firstly you can make a complaint to Trading Standards.
Secondly - if you have suffered a loss from the delay you can sue them for breach of this clause in the County Court - https://www.moneyclaim.gov.uk/web/mcol/welcome
What you need to do firstly is write to them and demand confirmation as to when they will honour your contract - put them on notice that if they do not respond with 7 days you reserve the right to recover from them any losses you have suffered and take any action available to you, including making a claim in the county court.
Kind regards
AJ