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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Madam, Please could you advise me on the following

Resolved Question:

Dear sir/madam,
Please could you advise me on the following matter regarding payment of an invoice.
I am a self employed HGV driver and in Oct 14 I started working solely for a haulage contractor driving their vehicle. Prior to this I had worked for them weekends. When I started work I asked the director if I needed any form of insurance and was advised no.
In January 2015, I became a limited company following recommendation from the contractor and continued driving for them.
In July 2015 five pallets of blueberries fell over in the back of my trailer, was refused by the supermarket and the process was that trailer was then taken to another company who would re stack the pallets and for a loss adjuster to inspect.
I asked the director what was going to happen to which he replied "we are not going to worry about it"
At the end of July/beginning of August I was advised by the Director that they had received the invoice for £1300 for the blueberries but nothing further was said again.
I advised the director on 20th November 2015 that I did not wish to work for them anymore as I didn't want to work night shifts anymore and offered a weeks notice but this was declined as they didn't have much work on and I left on good terms that day.
On 6th December I received an email from the contractor attaching an invoice for £1385.70 plus vat, totalling £1662.84. The email states that the invoice was for the loss adjusters time and effort involved in saving the rest of the load. At the moment we have no invoice for the loss of the turned over pallets. Hopefully we may not hear regarding this and this may be the only invoice we receive. Please can you forward your insurance detail and I will contact them.
The invoice from the adjusters is dated 28th July 2015.
I have since received a hard copy of the invoice and another sent record delivery. Yesterday I recieved a County Court Claim form.
At no time was I advised that if I ceased working for the contractor that I would have to pay for this loss. Had I have been advised this would have affected my decision to leave. I have worked continuously for the contractor since Oct 2014 apart from a four week break in the summer of 2015.
Please can you advise where I stand which regards ***** ***** of the invoice as I believe that they had insurance cover in place for incidents such as this.
Kind regards
Mark
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What is it you want to achieve please?
Alex
Customer: replied 1 year ago.
Hi Alex,
Thank you for your reply, I would like to know if I have to pay the invoice baring in mind that I wasn't told until I had left the employment that I would need to and that it it highly likely that they had insurance to cover this.
Kind regards
Mark
Expert:  Ash replied 1 year ago.
Thanks. No - If you were not told you would be liable then it's too late after the contract has ended. If they wanted you to be,liable then you should have a contract saying so or they should have notified you when you started.
So no you are not liable.
Can I clairfy anything for you about this today please ?
Alex
Customer: replied 1 year ago.
Hi Alex
Thank you. I didn't have a contract as I am self employed but was working solely for this contractor. So would the same apply that at no time was I advised that I would be liable?
Would you recommend that I just write what I have told you as the defence on the County Court Claim form?
Also the claim to the County Court has been submitted in the directors name rather than the company name, is this usual?
The contractor has added vat onto the invoice from the loss adjuster, is this correct?
Kind regards
Mark
Expert:  Ash replied 1 year ago.
You wouldn't be liable after the contract. You should have been told. It should be submitted in the company and,rand not the directors name. The loss adjuster can only add vat if everyone is vat registered.
Does that help?
Alex
Customer: replied 1 year ago.
Hi Alex,
If I could just clarify please, even though there was no contract between myself and the haulage contractor at all and I was never advised that I would be responsible for any damage, even being self employed, I would not be held liable?
How would I complete the County Court claim form? Just write in the defence section what I have advised you?
Would I and should I query why the claim has been submitted in the directors rather than the company name?
The contractor has added the vat onto the loss adjusters invoice, would this be correct?
Kind Regards
Mark
Expert:  Ash replied 1 year ago.
You just write in the defence section that you are not liable as it was never suggested that you are. There was nothing to suggest you would be liable with the main contractor.
The contractor can't add vat, it should be ex vat.
Alex
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