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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I am a Director of a small company. My co-Director has been

Customer Question

I am a Director of a small company. My co-Director has been withholding my wages as he says we are in financial difficulty. I believe he is paying himself far more than me. Can I do anything about this?  He is paying himself into a business account he has set up, not directly into his private bank account.  He has reduced my wages in one instance to £250 which has caused me severe financial hardship.

Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Do you have a Director agreement please?
Customer: replied 1 year ago.

No, not as far as I can remember.

Expert:  Ash replied 1 year ago.
Were you consulted? Have you asked if he is paying into his business?
Customer: replied 1 year ago.

As far as I can remember I was just told I was a Director - I'm afraid I didn't pay much attention to the reality of it. I haven't been involved in the aspects of the company that I should have been as a Board Director but I wouldn't claim that's because I haven't been asked - I haven't had time.

He pays into what he calls a 'management business' and invoices our company for some kind of management or consultancy fee each month.

Expert:  Ash replied 1 year ago.
But your fee was agreed £x a week/month and it has not been paid?
Customer: replied 1 year ago.

I thought I was on £30,000 year salary to be paid monthly.

I received only part payments over approx. past 6 months as the company has had cashflow difficulties.

I gather the other Director has also held up his own payments too but has paid himself considerably more than me.

I have handed in my notice and am now worried I will not get all (or any) of the money owed to me.

The company is in serious difficulty, mainly because of bad decisions he has made. He will not listen to my advice or that of colleagues and I can no longer work there.

Expert:  Ash replied 1 year ago.
You need to write and set out your losses and request a payment 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 pay 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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.

I think that's all I need.

Thank you

Expert:  Ash replied 1 year ago.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Expert:  Ash replied 1 year ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.

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