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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?
Hello my name is ***** ***** I will help you with this.
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?
am i best to do this myself or seel a solicitor to deal with it
If its under £10,000 do this yourself.
As it would be a small claim and costs wont be recoverable generally
yes, its under 10 K
Then you can do this yourself.
am i entitled to hang onto the goods unttil it has been resolved?
sampes, vehicle etc?
Yes you would be able to
is there anywhere i can find a template letter which can be used for the initial
Let me find out
thank you Alex
Does that help?
brilliant Alex, Thank you
Can I clarify anything else for you?
I do not have any contractual evidence of what was agreed other than emails, how does this effect it?
Indeed. But you did the work, you need to be paid.
is it as simple as that?
Ok thank you Alex
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?
You dont need to give him anything. Say you will issue Court proceedings.
is this something you could do on my behalf?
Sadly I cant be instructed but in any event those costs cant be recovered
okay, thanks for your help Alex
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Is the law not different here in Northern Ireland regarding this?