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A bit more complicated than a simple, ‘you owe me for goods not sent’.
Left my previous job/partnership and my share sale was supposed to be calculated in a certain way, which I agreed to.
When the final payment was made it was from £6k to £12k short, as one of the payments was double counted.
Seeing as it is a little complicated- takes some explaining, is the Court claim a good way to do it. The company hasn’t been able to provide any reason at all and it looks like they cocked up so I’m confident it wil be okay.
Has anyone any experience of using it for something like this?
When you say they haven't been able to give any reason, have they said 'We don't agree' or effectively shrugged their shoulders in a 'Dunno guv' fashion - as if being asked for directions?
If it is the latter, I'd be writing them a concise and polite letter / email outlining your view and calculations, then asking them to comment within a set time period.
No need to get shirty or use threatening language with them initially, as the reply to the above will then guide your next moves.
Does it count as wages not paid? thats relatively easy to do as its done via a tribunal IIRC
The sums you suggest is too much for fast track ( small claims court) again IIRC
I think you need real legal advice.
Twonks- I’ve emailed and they reply dozens of times but don’t answer the specific question as to why I was told ‘x’ when it is clearly not what has happened.
TJ- yeah you can use a court claim (prev called small claims court) for these amounts. Whether it’s the best way is what I am wondering.
OK
here its a £5000 limit for "small claims" IIRC
A "letter before action" might shake something out of them. It shows you are serious and will grab their attention. Here there is a CAB courts service that helps with stuff like this. Might be worth seeing if there is anythig similar in your area
The letter before action takes you from the annoyance that can be ignored into " Oh shine a light we could be in trouble here" territory
Small claims limit in England is £10k (5 in Scotland). Handy if either it’s a very simple case or you think they are either so stupid to ignore it or smart enough just to settle when the claim is made. If they think they are right and want to fight it they will lawyer up and you might lose unless you lawyer up too (but you might not get those costs back even if you win).
If you’ve not already done as Twonks suggested (I would clearly head the letter “without prejudice” so it’s contents can’t be used against you) then I would do that first then go see a lawyer with their answer (do you have legal cover as part of house insurance, or any professional bodies etc?).
it’s a good point about the possibility that it’s argued to be unpaid wages - that’s a different court with different time limits. You want to be clear which is the right place as a smug lawyer will love turning up at Small Claims Court and pointing out they don’t have jurisdiction (especially if it’s now time barred in the tribunal). If it’s 6-12k and you are certain of a win a few hundred pounds on a lawyer to avoid a screw up will be a good investment. (Legal fees for pursuing a case all the way could easily be more than any win, and depending where it goes if you lose you might end up facing their costs too).
The letter before action takes you from the annoyance that can be ignored into ” Oh shine a light we could be in trouble here” territory
whilst there are lots of template LBAs on the web for anything complex I think it’s worth paying the professional to draft it:
1. if it’s treated seriously it will be a professional that reads it, they will immediately know if you are winging it (eg if you use some American language, suggest the wrong law/court, mix emotional language into it etc).
2. I know from being on the receiving end that sent on Sharp, Suit and Braces Llp headed paper (ideally from a well known firm!) carries more weight than a DIY effort
3. It gives the impression that you’ve (a) had some legal advice that there may be some validity to the claim; (b) that you have money or insurance willing to fight this and it will take more than S, S & B sending a junior Barrister to argue jurisdiction to weedle out of it - at that point even if your claim is wrong lots of firms will weigh up the management time of settling vs fighting and make you an offer to go away.
When the final payment was made it was from £6k to £12k short
If you've contacted your firm, and they don't seem to be budging or can't answer your query, For this amount of money, I'd be seeking legal help.
"When the final payment was made it was from £6k to £12k short"
Is it £6k short or £12k short?
As above. Legal help for that amount. Even if the legal help goes no further than advice and the initial letter you might win at that stage. Anyway - little to lose. If you go to small claims court the other side can't recover their legal fees if they win.
If the case is that clear argue in court yourself or if you are sure its a win pay a lawyer. You won't recover legal fees if you win either.
IIRC, in England you get the first 30 mins of the initial Solicitors meeting FOC.
SUburbanreuban: We agreed on x, got x -6. Strictly speaking should be x +6. Happy with x.
Was this agreement on paper?
don’t answer the specific question as to why I was told ‘x’ when it is clearly not what has happened.
What does told mean? Verbally, in which case it's hearsay, or was it written down?
It was written badly, confirmed verbally, but it has been interpreted differently since, two amounts were listed but one has been paid from the other, rather than on top of, double counting an amount.
Well the first step is a letter before action, where you outline your grievance, give notice that you intend to take the matter to court and offer mediation as an alternate method.
https://lexlaw.co.uk/letter-before-claim-specialist-solicitors/
https://www.which.co.uk/consumer-rights/letter/letter-before-small-claims-court-claim-aSFAC8Q6Jqan
You can easily do this yourself and it makes it clear to the other party that 'this shit is getting serious'.
I've sent one in the past and got a refund by return post!
Thanks Footflaps