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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 78215
Experience:  Qualified Solicitor
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Questioning whether I have a case. Had a verbal agreement

Customer Question

Questioning whether I have a case. Had a verbal agreement and a witness to this for the sale of a programme, they then denied this months later and refused to pay. I felt so intimated by the guy that I was too scared to ask anyone about it until now
JA: The Lawyer can help you determine if you have a case. Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Was with Sodexo for the mobile covid testing unit, so they no longer require the programme but I put around 1000 hours in minimum. He later said it was due to conflict of interest as I was working for them and suggested if I quit that they'd be able to buy it. Later on he also tried to have me fired as I had at the time suggested I was going to get legal advice
Submitted: 18 days ago.
Category: Law
Expert:  Ben Jones replied 18 days ago.
Hello, I’m Ben, a solicitor, and it’s my pleasure to assist you. I may ask for some preliminary information to help me determine the legal position.
Customer: replied 18 days ago.
Hi, absolutely.
Expert:  Ben Jones replied 18 days ago.

I understand your query relates to money that is owed to you. Please explain your situation in some more detail

Customer: replied 18 days ago.
I was working for Sodexo in the covid mobile unit as a manager. They had no system to sort the staffing which was causing so many issues, I built something but then the area manager suggested it could be used UK wide which required a lot more work. I did this in all my spare time to initially help out then she said I should be paid for it which I agreed. We had meetings with all the area managers across the test and trace project and they all wanted it so to ensure it was always working and to keep solving the staffing problems, I personally did staffing for them every single day without pay. This was with the promise that I would have a meeting with the head of the mobile testing unit to determine a sale/deal as he was the only one authorised to make such payment. We negotiated and he agreed upon £20,000 for the programme. This was due to 21 units across the UK using it and therefore less than £1000 per site. The programme removed all human error and made staffing take 10 minutes not up to 2 hours in some cases, thus saving them a lot of money and avoiding issues. He then kept ignoring me, cancelling meetings and never responded to any emails. He would always ring me to talk and dragged it on for months. Then denied it all saying he had not got that authorisation and ultimately it was then we haven't the money then eventually admitted to it being an auditing problem as its a conflict of interest. Then had me banned from doing any further staffing and tried to have me fired over any tiny thing so I was terrified for months
Customer: replied 18 days ago.
I have a witness to his agreement to the sale of the programme for that sum
Expert:  Ben Jones replied 18 days ago.

OK I understand and thank you for providing this information. So is your programme now being used by all sites?

Customer: replied 18 days ago.
no, I never handed it over based on their advice. He said not to share it with anyone so to use keep doing it every single day of the week for them. The covid sites have also all closed down now but he does still work for Sodexo.
Expert:  Ben Jones replied 18 days ago.

I see. So what specifically would you like to ask about this please, so that I can best advise?

Customer: replied 18 days ago.
Whether there's anything I can do to at least be paid for all the hours I put in based upon the promise Id be getting paid, I spent about 11 months on this for them
Expert:  Ben Jones replied 18 days ago.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now. I will get back to you with my full reply on here; usually the same day and the system will notify you when this happens. Many thanks.

Customer: replied 18 days ago.
ok
Expert:  Ben Jones replied 18 days ago.

Thank you. I will get back to you at the earliest opportunity. Many thanks

Expert:  Ben Jones replied 18 days ago.

Many thanks for your patience, it is appreciated. I am now pleased to be able to provide further assistance with your query. First of all, I am sorry to hear about the issues brought up by this. It must be a frustrating situation to be going through.

Your argument here would be that there was a binding contract in place, which the other side has now breached. Usually, a contract is formed with an offer, an acceptance and some consideration and in your case you will likely have all (consideration is the time you have put in).

If the other side has breached the contract, whilst you cannot force them to honour the contract as agreed, you can instead pursue them for compensation for losses incurred as a result of their breach.

If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can potentially do so by making a court claim. However, as legal action should only be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without the need to involve the courts. It is therefore recommended that the following steps are taken in order to try and resolve this:

Expert:  Ben Jones replied 18 days ago.

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 – 14 days is reasonable. They should be advised that if they fail to make contact to resolve this matter, formal legal proceedings will be commenced to pursue them for compensation. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this without the need for legal action. There are numerous templates available online for such letters and a simple search will bring up a list of useful results.

Expert:  Ben Jones replied 18 days ago.

3. If the letter before action is also ignored, formal legal proceedings can be initiated. A claim can be commenced online by going to https://www.moneyclaim.gov.uk/web/mcol/welcome. There will be a fee payable, which depends on the amount that is claimed. The other side will eventually get a copy of the claim and they will have a limited time to answer it. They could accept it and pay what is owed, they could accept it only in part and defend the rest, or they could outright reject it. They could also completely ignore it, in which case judgment will eventually be entered automatically against them. Also, it is worth noting that the simple act of submitting a claim could show the other side that this is being taken seriously and prompt them to consider negotiating a potential solution to stop the claim progressing further, such as offering full or partial payment of the amount sought in the claim.

Expert:  Ben Jones replied 18 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Expert:  Ben Jones replied 18 days ago.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.