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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 74453
Experience:  Qualified Solicitor
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I am self employed and completed a contract at the end of

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hi, I am self employed and completed a contract at the end of July 2019. I was paid incorrectly for the duration of the contract and this only came to light during my final 2 weeks of the contract. This was raised with the employment agency and I have been liaising with them since early August. Somewhere in the region of 100 emails and always they are awaiting approval. I have not had any response since early May so would like to try a different approach. Can you advise please?
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: I have been in correspondence with the Customer relations team.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am a contractor in a Limited Company
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No. I think that is all.

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.

Customer: replied 1 year ago.
ok

So have they acknowledged the under payment? and how much are you owed in total?

Customer: replied 1 year ago.
As per my calculation, I am owed £9500. As per theirs, I am owed £7500, as they have not acknowledged the overtime rate.

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.

Many thanks for your patience. So if you have a dispute over the amount owed and you are unable to reach a resolution through direct communication with them, you may have to start considering a more formal route.

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?

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

Customer: replied 1 year ago.
Dyes thanks

All the best

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