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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44878
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I work as an agency nurse and am registered as a limited

Customer Question

Hi
I work as an agency nurse and am registered as a limited company.
An agency that i worked for will not pay me for 2 days work I did for them, as they are saying they didn't receive the invoices at the correct time. These 2 days were in April and May.
My accountant informed me I hadn't been paid so I connected the agency in October and they denied ever receiving the invoices from me, so I resent them and now thay are saying the nursing home where I worked my not pay them hence they can't pay me.
I always send my time sheets and invoices via email and have a record that I did send them in at the correct time.
What can I do to get my owed wages?
Thanks
Regards
Carmel
Submitted: 11 days ago.
Category: Law
Expert:  Ben Jones replied 11 days ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Customer: replied 11 days ago.
Hi Ben,
Thanks
Expert:  Ben Jones replied 11 days ago.

Hi there. Have you provided evidence of the email you sent which had the timesheet and invoice with it?

Customer: replied 11 days ago.
Where do you mean to provide the evidence to?
Expert:  Ben Jones replied 11 days ago.

My apologies for not being clearer. Did you provide evidence of the email you sent with the timesheet and invoice on it to the agency?

Customer: replied 11 days ago.
No I haven't. I will print copies of when I first sent them to the agency.
Once I've done this will they have to pay me?
Expert:  Ben Jones replied 11 days ago.

OK not to worry and thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 11 days ago.

Many thanks for your patience. If you did send the invoices in on time and have proof that you did so then they should pay you. Also unless you have opted out of the Conduct of Employment Agencies and Employment Business Regulations 2003, your agency has a duty to pay you even if they have not been paid by the client.

If you wanted to pursue them further for the money that is owed, 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. Before you consider starting legal action you may wish to consider sending a formal statutory demand. This is a legal request which asks the debtor to pay the outstanding debt within 21 days and failure to do so will allow you to bankrupt the debtor (if they are an individual ) or wind up the company (if they are a business). For the relevant forms to serve a statutory demand see here: https://www.gov.uk/statutory-demands/forms-to-issue-a-statutory-demand

4. 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.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 10 days ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 10 days ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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