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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61648
Experience:  Qualified Solicitor
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I have received a money claim from a former employer (he sub

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hello, I have received a money claim from a former employer (he sub contracted me to do handy man works) for £2850, the description is as follows:
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: The defendant organised work at***** for which he was paid in advance. The work was not completed he employed two sub contractors who were paid by me. He failed to complete the job to the clients satisfaction, or to invoice the client.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: i was self employed at the time
JA: Anything else you want the lawyer to know before I connect you?
Customer: no i do not belong to a union

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

How long ago were you hired to do this job and what is your specific query in relation to this please?

Customer: replied 5 months ago.
thank you, ***** ***** by Simon Baldry to carry out various handy man jobs between January and March, i do not believe i am liable to pay this figure to him, i was unaware that i would be held responsible should the client not be paid
Customer: replied 5 months ago.
sorry should the client not pay
Customer: replied 5 months ago.
hello i would prefer to communicate through this portal at this stage

So did you actually complete the work and did the client or Simon himself, contact you regarding the work prior to receiving this claim?

Customer: replied 5 months ago.
i completed the work alongside another 2 other self employed staff whom invoiced Simon directly, yes there has been contact since the work was completed
Customer: replied 5 months ago.
i contacted the client on simons behalf once the invoice was issued however i did not wish to speak to me any further about it
Customer: replied 5 months ago.
apologies to clarify the client did not wish to speak to me any further

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 5 months ago.
thank you

Many thanks for your patience. I am a little bit unclear on the reasons for the claim. So you were subcontracted to do the work and in turn you engaged a couple of other guys to help you with it. The employer paid you for the work and you paid your guys in turn, is that correct? Assuming that is the case, what is the employer pursuing you for exactly – are they saying the work was not to a satisfactory standard?

Customer: replied 5 months ago.
I am too to be honest. yes I was sub contracted to complete the works, I engaged with a few other guys whom Simon had used before, Simon paid me and the other guys directly. I think he is pursuing me for the money paid to myself during the works, he holds me personally responsible for the client not paying.

If that is the reason for the claim then he is clearly misguided as to whom he is supposed to be pursuing. If his own client has failed to pay him, then first and foremost he needs to pursue them, not you. He can only pursue you if you have failed to adhere to any agreement or contract you had with him directly, or for failing to complete the works as required or to an unreasonable standard. So for example, if your work was to such a poor standard that this resulted in his client not paying him, he can still pursue you for this as it would have amounted to a breach of contract on your part and had resulted in losses for him. However, there has to be evidence as to why he believes this was such poor work and also show that this is the reason he was not paid in the end. Without this, the claim is likely to fail and it is, as mentioned, a misguided claim against you.

Does this answer your query?

My response to your query should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to it? If your query has been answered I would be grateful if you could please take a second to confirm this by replying on here. Thank you

Customer: replied 5 months ago.
Hello, apologies for the delay in getting back, in that case how should I phrase my response to the money claim?
Thanks

It would be difficult to tell you how to provide a reply to a court claim because that is not a simple matte and would take more than just an online chat service like us. However just be straight to the point and do not worry about legal terms etc – it is a simple case of pointing out that the claim is being made against the other party and that you do not accept it as a result and ask that the court dismisses it on these grounds. Does this clarify things a bit more for you?

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Ben Jones and other Law Specialists are ready to help you
Customer: replied 5 months ago.
THANKS

All the best