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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, I have been working for a company as a self employed

Customer Question

Hi, I have been working for a company as a self employed agent, I am owed commissions etc which the company is refusing to pay, They have requested samples and other item back which I have, including a vehicle, am I entitled to pass these to a solicitor until the the issue has been resolved?

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

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



If they do not refund 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.



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.



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. You are also entitled to claim compensation under the Late Payments of Commercial Debts (Interest) Act. Details and calculator on that here: http://payontime.co.uk/late-payment-legislation-interest-calculators



Can I clarify anything for you about this today please?

JACUSTOMER-m375xvuo- :

am i best to do this myself or seel a solicitor to deal with it

Alex Watts :

If its under £10,000 do this yourself.

Alex Watts :

As it would be a small claim and costs wont be recoverable generally

JACUSTOMER-m375xvuo- :

yes, its under 10 K

Alex Watts :

Then you can do this yourself.

JACUSTOMER-m375xvuo- :

am i entitled to hang onto the goods unttil it has been resolved?

JACUSTOMER-m375xvuo- :

sampes, vehicle etc?

Alex Watts :

Yes you would be able to

JACUSTOMER-m375xvuo- :

is there anywhere i can find a template letter which can be used for the initial

JACUSTOMER-m375xvuo- :

letter

JACUSTOMER-m375xvuo- :

hello

JACUSTOMER-m375xvuo- :

is there anywhere i can find a template letter which can be used for the initial






letter



Alex Watts :

Let me find out

JACUSTOMER-m375xvuo- :

thank you Alex

Alex Watts :

http://www.adviceguide.org.uk/wales/consumer_w/consumer_taking_action_e/consumer_legal_actions_e/consumer_going_to_court_e/consumer_taking_court_action_e/step_one_write_a_letter_before_action.htm

Alex Watts :

https://www.rocketlawyer.co.uk/documents-and-forms/letter-before-action.rl

Alex Watts :

Does that help?

JACUSTOMER-m375xvuo- :

brilliant Alex, Thank you

Alex Watts :

Can I clarify anything else for you?

JACUSTOMER-m375xvuo- :

I do not have any contractual evidence of what was agreed other than emails, how does this effect it?

Alex Watts :

Indeed. But you did the work, you need to be paid.

JACUSTOMER-m375xvuo- :

is it as simple as that?

Alex Watts :

Yes indeed.

JACUSTOMER-m375xvuo- :

Ok thank you Alex

Alex Watts :

Can I clarify anything else for you?

JACUSTOMER-m375xvuo- :

A director of the company has jest sent me text saying he is flying over from England tonight to collect everthing, what should i do?

Alex Watts :

You dont need to give him anything. Say you will issue Court proceedings.

JACUSTOMER-m375xvuo- :

is this something you could do on my behalf?

Alex Watts :

Sadly I cant be instructed but in any event those costs cant be recovered

JACUSTOMER-m375xvuo- :

okay, thanks for your help Alex

JACUSTOMER-m375xvuo- :

Rated excellent

Alex Watts :

Thanks. If I could ask you to click the button at the bottom of the screen and rate - thanks

Alex Watts :

If you need more help please click reply

Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Is the law not different here in Northern Ireland regarding this?

Expert:  Ash replied 2 years ago.
No, its the same.
Limits are slightly lower:
http://www.courtsni.gov.uk/en-gb/aboutus/usefulforms/smallclaims/Pages/SmallClaims.aspx
Alex