As you say that your colleague has been paid, is there any reason do you think why you have not been paid?
Do you not want to go to court on this or is it just the process which you don’t know? We can assist you with that
Don’t worry about the phone call credit.
The link where you issue small claims court proceedings is here www.moneyclaim.gov.uk
the process is relatively straightforward.
Unfortunately, you will not be able to successfully claim for all the consequential losses if this gets to court but there is no problem in threatening that you will claim for them if he doesn’t pay up.
You need to warn him in writing to be does not pay you the amount you would within the next 7 days you will small claims court proceedings without notice and then list everything you’re going to claim. It is likely that the judge will only award the monthly payment figure and not all the consequential losses that doesn’t mean that you cannot add them into the claim and let the judge decide.
If he will not pay you, then court proceedings are your only course of action. Unfortunately, the process is not quick and it could be several months before it gets to court. Hopefully, the threat of court proceedings or, the eventual issue of would lead to him paying before it actually gets to court.
Can I clarify anything for you?
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Yes, that is correct.
You may be able to get help with earlier part of the fees if you fit the criteria.
Here is the booklet
and here is the form
and from the government website
Even a verbal contract is enforceable so it doesn’t have to be in writing. The fact that you appear to have been paid for several months at a particular rate would be proof enough for a civil court claim that the was some kind of agreement to pay you that fixed amount each month. In addition, you say you have the email exchanges which also assist you.
If you have only sent it by recorded delivery and email, and it’s not been collected, you need to send it by first class post. Get proof of posting from the post office counter which is free. In law, the Royal mail is deemed to be 100% accurate and if you post a letter today, he is deemed to have had it the day after tomorrow. All you need to do is prove to the court that it was posted.
If you have proof that he opened the email, that would be sufficient warning to dispense with the extra letter by Royal mail first class post.
I did understand exactly what you said. If they haven’t collected the recorded delivery letter, then they haven’t had it.
If you sent by first class Royal mail, and you get proof of posting, then legally deemed to have the letter two days later.
They may simply not recorded letters.
If you don’t have proof they opened the email, you need to send a normal first class post letter to get proof of posting from the counter.
It’s just a case of not issuing legal proceedings prematurely without warning that if they don’t pay, you will be issuing court proceedings.
At the moment, they haven’t opened the email or you can’t prove that they opened the email and they certainly haven’t collected the letter, and you wish court proceedings, they can claim that those proceedings prematurely issued they could ask the court to award costs against you.
I can understand you feeling like that but the problem with recorded delivery of course is that people (particularly with debts) will simply not collect recorded delivery mail because of the chances of it being people chasing them for money.
I would certainly give them another ten working days. As I said earlier, it would be different if you could prove that they have the email.
You can always drop a letter through the letterbox. You might conceivably get away with seven days but I wouldn’t do less than that
If you do both, so much the better. If you get proof of posting from the post office, he can’t argue with that whereas he can say that you didn’t drop it through the letterbox! Getting someone else to drop it through the letterbox and getting them to sign a witness statement is better but to be honest, Royal mail, first-class, proof of posting, that will do the job.
Unfortunately, as mediators are privately paid in exactly the same way that solicitors are paid, there is no fee remission as there is for court fees.
The only other thing is to negotiate with him yourself but as that failed, the doesn’t seem much point.
If you can’t mediate, that it has to go to court. There is no absolute duty to mediate. You can tell him that you are agreeable to mediation but only on the basis that he pays the fee although, you could tell him that if you are awarded anything, the half of the mediation fee that you would be liable for you are happy to have it deducted from the award.