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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 63503
Experience:  Qualified Solicitor
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I’m a self employed contractor for a company that works for

Customer Question

I’m a self employed contractor for a company that works for amazon, I was ment to be paid yesterday and never received they payment, I had an accident in the van that I rent of them with an access fee of £2950, are they legally aloud to with hold my pay like that even no the i shuraance hasent be sorted out yet and I haven’t agreed a payment plan with them yet, not iv I received and invoice for the excess fee
JA: Where are you? It matters because laws vary by location.
Customer: Uk
JA: What steps have you taken so far?
Customer: Contacted management and accki accounts
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Submitted: 17 days ago.
Category: Law
Expert:  Ben Jones replied 17 days ago.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Expert:  Ben Jones replied 17 days ago.

What do you specifically want to know about this, please?

Customer: replied 17 days ago.
Hi
Customer: replied 17 days ago.
Where do I stand and are they legally aloud to not pay me
Customer: replied 17 days ago.
The accident I had in the van, I haven’t even admitted liability and it was only on Friday
Expert:  Ben Jones replied 17 days ago.

Does the contract you had with them say they can do that?

Customer: replied 17 days ago.
It says they can automatically take van rental from my pay
Expert:  Ben Jones replied 17 days ago.

but this is not van rental?

Customer: replied 17 days ago.
No this is access charge for inshurance for the accident
Customer: replied 17 days ago.
Basically the way they have left it with me, they have charged me an access fee without me admitting liability on the accident, inshurance company hasent looked at it yet and they have already put the charge on my payment account, looking me to pay 200 a week until it’s selttled, they are currently giving me 3 days a week work where included mileage payments I’m getting about 400 a week and they take van rental out of that so I get £160 now so with the access charge they will keep that extra £160 u till it’s paid witch will take about 5 months so I will get no pay until then
Expert:  Ben Jones replied 17 days ago.

Ok thanks. The key is whether the contract you had in place allowed them to deduct that money from your pay. If they did not have that right, they would be acting in breach of contract and you can potentially pursue them to try and recover what you are due.

 

If a party wishes to pursue another for a debt arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

 

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

 

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 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 pursue them for the debt in question. 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 they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

 

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.

 

Does this answer your query?

Expert:  Ben Jones replied 16 days ago.

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

Expert:  Ben Jones replied 15 days ago.

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you