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Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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My son has not been paid for freelance work done, and his ex

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Hi. My son has not been paid for freelance work done, and his ex employer is also claiming for work which he has paid, but now says has not been done. There is a court case pending on 11th October, and the claimant is trying to push back the date and asking for our agreement. We want to get this resolved as soon as possible. Whats our best course of action to ensure the swiftest resolution?
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: Its a work / contract issue

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

How long has the payment been outstanding for?

Customer: replied 1 year ago.
The invoice was submitted in March 2016
Customer: replied 1 year ago.
My son wrote a letter before court claim on 7th June for the outstanding monies, but the response from his ex-employer was a claim of his own for 'work invoiced and paid but not undertaken'
Why is the claimant asking for a postponement of the hearing? Also who is officially the claimant and who is the respondent?
Customer: replied 1 year ago.
The claimant (ex-employer) has cited unavailability due to overseas filming another work commitments. My son is the respondent.
The court gave us an opportunity to flag days over a 6 month period where either party could not attend. I assume this was not flagged as such up-front. I feel that because we have no real details about the ex-employer's claim, it may be stalling tactics. We are being asked to provide consent for the reschedule so the ex-employer does not have to pay a fee of £250, but we would rather see this resolved as soon as possible.

OK, 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.

I have looked into your query in more detail but unfortunately it is not something I can assist with. I will therefore ‘opt out’ and a colleague better placed to deal with the nature of your query should hopefully pick this up soon. Please do not reply in the meantime as that will just assign the question back to me and you will experience a delay. Thank you

Hello my name is ***** ***** I will help you.

How much is being claimed please?

Customer: replied 1 year ago.
My sons claim is around £2400 but his ex employer is claiming for just under £3000

Its been set down for the hearing?

Customer: replied 1 year ago.
I'm not sure what that means but a hearing date has been set for the 11th Oct.

Is that the trial?

Customer: replied 1 year ago.

Ok, then you dont need to worry.

You just need to send all documents to the other side and the Court 14 days beforehand which you need to rely upon.

You dont need to agree to any delay or adjournment.

The mater has been set down, so you should aim for that day.

So dont push back the date. If they want it adjourned they have to make a formal application and have a very good reason.

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
If the reason is filming or working abroad would that qualify as a good reason? Just wondering if the reason has to be more than an inconvenience?

No. He still needs to make a formal application.

After all on the Directions Questionnaire it does ask for dates to avoid.

Does that clarify?

Customer: replied 1 year ago.
Thanks for the help.

If I could ask you to rate my answer before you go today, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 6448
Experience: Solicitor
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