How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46773
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

UK Employment / Contract law question – please forward to an

Resolved Question:

UK Employment / Contract law question – please forward to an experienced person in this area, since employer is a PLC.
Hello
I have been retired as a financial adviser 2 years, and my employer’s contract agreed to pay me post retirement income.
However, approx. 12 significant client/investment contracts which pay out income that should have been paid to me has never been paid to me.
I had a major dispute with my employer when I retired on another matter, which was settled by mediatin on 15th September 2014, by a court Tomlin Order. After this I then queried the missing income, and now nearly 6 months later have still not been paid.
I have not told them which contracts are missing to see if their data records were accurate (since I do not trust the company at all), and after 3 months they said they could not find any missing contracts. They asked me to supply information -after 2 years retired – when they should have all information as required under the FCA! I gave them the names of 3 clients, and where to find the others – and they are now saying they are checking with the investment providers - presumably to to substanciate these contacts were originally mine.
I have put them on notice to resolve my case last month – but given they seemed to be pulling their fingers out, did not execute my threaght. However, I then put them on notice to the 16th February – and because I was away to this Monday have given them to the end of this week.
What action given the above short summary of my case should I pursue. I believe I am owed around £25,000 - about £12,500 pa.
Thank you.
Mark
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Just to be clear what do you specifically want to know - how to take the matter further if you were to take formal action against them?

Customer:

Thank you.

Customer:

My question is ...What action given the above short summary of my case should I pursue.

Customer:

I do mean legally since I have copious emails chasing this matter up with their Group Credit Controller, who is at the mercy of the company's IT data software, which has not provided the information - hence I being asked by the company to provide the client / investment details, which I have done for 3 of the approx. 12 clients, which should then enable hem to locate the other 9. I believe they have done this, since they said they are checking with the investment providers i.e. that the investments contracts were taken up b the clients through me BEFORE I retired. Given this, I should then be paid according to my contract with the company.However, as already summarised the company has dragged its feet over all this, and had I not kept on chasing them up I doubt I would have ever been paid. I was founder practioner for the company 12 years ago and know them well. They are very tough and I had to defend myself - successfully - at mediation, though at great legal cost. However, I need to have this resolved NOW, since otherwise the company will play me along throughout my retirement years which I do not want to happen - hence my need to resolve this once and for all.

Customer:

I hope this clarifies your question. Thank you. Mark 10.29 am 5-3-15

Ben Jones :

Hello Mark, whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:



  1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.

  2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

  3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.


Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

Customer:

Thanks Ben. Given what you say, I can see I have given them enough notice, but I have not sent them a formal letter before action, which is what I could now do from what you say. I was thinking of hiring an investigator to check the company's clients/investment records on my behalf - and say this would be at their expense, since they have demonstrated they have been unable to resolve the issue without my help. Could I do this now or after sending a letter before action - or is the legal method better than trying to appoint an investigator. Could the company refuse me to send in an investigator?

Ben Jones :

There is nothing stopping you from hiring an investigator yourself to do this but you are unlikely to be able to charge the company for that – it is an unnecessary step from procedural point of view before you consider a claim and you cannot hold them responsible for these costs. Once you make the claim the other side will have to disclose all documents relevant to the claim anyway, whether they help their case or not so you should be able to see these details then and also ask for specific disclosure of documents or information you believe they hold but have not disclosed

Customer:

Many thanks Ben I am now clear, and please take your fee. Much appreciated.

Ben Jones :

many thanks and all the best

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46773
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice