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Jamie-Law
Jamie-Law, Solicitor
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Experience:  Solicitor
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I'm a director of Ltd company working alone on freelance

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Hi,
I'm a director of Ltd company working alone on freelance basis. My last assignment I've been working for more than 6 months for one of the company and I've been there through Agency. Everything was fine with payments, but last Friday (20.03.20) I've finished work there because of all the situation all works been on stop. There's still one last invoice that I haven't been paid for and as I'm waiting for it to be approved today I've received a call from agency that I've been contracted that the company I worked through is refusing to sign my timesheet because I've damaged a piece of equipment and they want to deduct around £1000 to cover the costs.
It's really weird that they haven't contacted me directly, but through agency. Whole time I was dealing all things with them and not the agency. When I've left they sent me really good emails with how happy they were with my job and that they are sad I'm gone (just weird).
I feel that it's a hard time for everyone now and they just trying to save some money by doing that. I obviously don't want to loose money. What rights do I have? I have to say that I don't agree with damaged equipment (it's a surveying prism). Yes I've been working with it for last 6 or more months, but it was perfectly good and I haven't damaged it. Do they need to prove anything or they can just say that I've did it and that's it?
As well if it comes to situation where they will say that it was damaged by me. Should it be something they should claim from insurance and not from the invoice? I have business insurance, the agency I'm contracted to them have insurance and I bet they have their own insurance, so plenty of cover.
I haven't spoke with them yet, just got the call from agency that I should speak to them about this situation, so just wanted to check what options do I have?
Thanks

Hello my name is ***** ***** I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

Do you have a contract with them? What does it say about timesheets and withholding payments?

Customer: replied 2 months ago.
I don't have a contract with that company. Please see attached a contract I last have with the agency. After this contract they offered me to work in a position that I've worked for 6+months with same terms.

You need to write a letter, set out your losses and request payment within 30 days or say you will go to Court. This is called a pre-action protocol letter of claim. You should make sure you send this signed delivery and keep a copy. You must give 30 days warning before going to Court.

If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7 and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value, you would need representation for trial.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 2 months ago.
The answer is fine, but what about the deduction they want to make? Is that's legal or they shouldn't make deductions out of my invoice? I don't want to go to court straight away, I just want to speak to them first and sort it out without court if possible and if they don't want to then go the court way.
I just want to know if they are going against the law by doing that or they are right? And if they are wrong, what should I highlight for them so they wouldn't have anything to say?

They can not. You didnt sign any contract.

You dont go to Court straight away, you send a warning letter giving them 30 days

Does that clarify?

Jamie-Law and 2 other Law Specialists are ready to help you
Customer: replied 2 months ago.
it does. Thank you