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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47420
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am a self employed Carer. I was taken on privately with a

Customer Question

Hi there
I am a self employed Carer. I was taken on privately with a client, started on 23 Sept. It was berbally agreed, though I have documentation which would prove this, that I would work 3 months on, 1 month off. I have been treated very badly by the client, who expected silver butler service and very long hours. Most of my breaks were interrupted by th client. I resigned after 6 days and am due to stop working next Thursday. I have invoiced the client an ebd of contract fee of £1,000. The client has said that they are no going to pay it. Feeling really annoyed
Submitted: 9 months ago.
Category: Law
Expert:  Ben Jones replied 9 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Are yo going to be able to find a replacement job instead?

Customer: replied 9 months ago.
I currently dont have work to go to
Customer: replied 9 months ago.
I hope this isnt going to cost me too much money as I am about to be without work
Customer: replied 9 months ago.
Hello
Customer: replied 9 months ago.
Hello, I have paid, but no response?
Expert:  Ben Jones replied 9 months ago.

Here is indeed a potential to claim for breach of contract here because the way you were treated is not what was initially agreed or what would have been reasonably expected in the circumstances. So you were in effect forced to leave early and as a result have missed out on potential earnings.

However, you cannot just automatically invoice them for the remainder of the contract. You have to remember that in return for the fees you would have given them your time and attention, which they are no longer getting, so there will have to be a deduction for this. Also you would have to start looking for a new job straight away to ty and minimise your losses from this job. If you were to find a new job to cover the time you would have spent on this client then your losses will not be as high and you will have to consider a reduction for this as well.

So whilst you can proceed with a claim for compensation, be aware that it will not be as straight forward as asking for the fees you would have received for the full period had you decided to stay working there.

This is your basic legal position. I have more detailed advice for you in terms of the exact steps you must follow to take this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Customer: replied 9 months ago.
Are you able to send a legal letter to this client?Just before I leave the rating, if you could answer please
Expert:  Ben Jones replied 9 months ago.

we are only a Q&A service, our help is limited t corresponding with you via this site so we cannot send letters as that would mean taking you on formally as a client which we cannot do. If you need this then you will have to see a solicitor in person and pay their fees. But I can give you the steps you need to follow and direct you to templates you can use to do this yourself.

Ben Jones and 3 other Law Specialists are ready to help you
Customer: replied 9 months ago.
I am on ipad, if you could please supply templates compatible please
Expert:  Ben Jones replied 9 months ago.

To take this further then 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 you wish to go down the legal route instead of a statutory demand, 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.

In terms of templates for a letter before action you can use these ones:

http://www.which.co.uk/consumer-rights/letter/letter-before-small-claims-court-claim

Customer: replied 9 months ago.
How do I know what amount to ask for - per your earlier explanation I cannot expect the whole amount.
Expert:  Ben Jones replied 9 months ago.

you may not know yet, you may have to wait until the 3 months you were supposed to be working for them has expired and then you know if you have managed to find other work to cover your losses

Customer: replied 9 months ago.
I have to wait for 3 months before I can do anything? And if I find work then I cant claim?
Customer: replied 9 months ago.
Is there. O other recoirse to this? Surely a client cant treat me like this that my inly option is to leave?
Expert:  Ben Jones replied 9 months ago.

you do not have to wait but it would be best if you do as then you know more accurately what you can claim for. there is 6 year time limit to claim so no rush. You can only claim for breach of contract - so any losses incurred - if you have not incurred any losses because you found a replacement job then you cannot claim - the rest becomes a moral issue rather than a legal one for which you can claim

Customer: replied 9 months ago.
if I secure other work I can claim on moral grounds? Because I am likely to find other work in the next 2 or 3 weeks
Customer: replied 9 months ago.
if I find work in the next 2 or 3 weeks are there any moral grounds that I can claim on?
Customer: replied 9 months ago.
Am not sure if you have gone or not. If I find work, am I able to claim anything in moral grounds?
Expert:  Ben Jones replied 9 months ago.

you cannot make a claim on moral grounds - what i meant was it is a moral argument and you cannot claim damages for moral reasons, it has to be a legal reasons like actual loss of earnings.

Customer: replied 9 months ago.
Meaning that I find other work and they get away with treating me so badly despite my being here on a long term basis?
Expert:  Ben Jones replied 9 months ago.

yes that can happen unfortunately - the law does not look at compensating you for stress, inconvenience or a general bad feeling about a situation - it is there to place you into a position you would have been had the contract not been breached, which will only extend to financial losses you have suffered as a result. If you have not suffered financial losses because you have managed to get a new job which covers the losses you would have incurred - then there is no claim. This is standard legal practice