Might have been underpaid - what are my next steps?

[Andrew-P]

Hi - I am looking for some advice and hope that someone can help.

 

I did nearly two years work for a company and was paid into my limited company following time sheets being approved.

 

Despite the ultimate client being fine payment was through a third party and at the end of their contract I found myself with a discrepancy of quite a few thousands based on my calculations (I accept these may not be accurate although I think they are).  I have spoken to the company many times and they have promised to look into it but never seem to reply.

 

As I want clarification that payments are correct rather than going straight for legal action any advice on what my next step should be would be greatly appreciated (a SAR maybe?)

 

Thanks in advance.

 

A n d r e w 

[king12345]

You need an accountant to calculate exactly what you are owed and claim this sum.

I say to contact an accountant because you're not sure of your own figures, so before claiming anything I would prefer to have a solid figure to go with.

If you have all the timesheets and rates, an accountant shouldn't charge more than a couple of hundred,  surely cheaper than the few thousand you're owed.

[ericsbrother]

I have to agree with Kingly, you cnat go at this full tilt and then have to admit in a court that you dont ahve a clue whetehr the sums are right or wrong.

Youw ill need to look at the original contract and also understand/be able to explain what the third party does and what agreement you have with them

[Andrew-P]

Thanks for the replies.  I really appreciate your help.

 

I will get it validated from my side but I still need to have confirmation from them what they consider they have paid me and what they think they should have paid me. 

 

Do you consider a SAR would be a good idea?

[king12345]

Not at this stage.

They haven't denied under paying you, so it might be a simple matter of getting a figure backed up by an accountant calculations and ask for the money.

They might just pay it.

Used to happen all the times in building sites in my days.

[Andrew-P]

Sorry for the delay in updating but I have been so busy.

 

The information is now all with my accountant so I can see what happens next.

 

Thanks for the advice which I have followed

 

[dx100uk]

open

dx

[dx100uk]

open

 

[Andrew-P]

Thanks for reopening the thread.

 

This is still rumbling on.

 

After months of discussions I issued a SAR request to them which spurred them into action and I got a partial payment but they are claiming there is a credit note which has to be offset against what I am owed (this has already been deducted so is effectively being double counted).

 

The good news is that this takes a potential claim under £10k and therefore into the small claims arena.

 

Can anyone help me with the following:

• Where I can find a template for a Letter Before Action (I can't find the template on the site)?
• Am I at risk for their legal costs if I take action as a business (a limited company but just me!)?
• How do I calculate interest on what is owed?
• Am I allowed to include my time in sorting this out as part of this claim - as a business it is normally chargeable 

Any help would be greatly appreciated.

 

Thanks in advance.