I Have Won A Small Claims Against My Former Employee.

[Jaguar12]

It has to be paid by 28/10/19
He messaged me yesterday saying the money was available to collect. When I was working for him wages were always paid in cash and collected from the premises.
I pointed out that I now live in Devon some 70 miles from him and I gave him my bank details. He responded saying that I need to collect them in person or nominate someone to pick them up. This would cost me a further £60 on the train. Can he insist on forcing me to pick up the cash owed? I don’t think I’m being unreasonable in asking him to put the money straight in my bank account.

[davebro]

webbo3 you crack me up! the chances of recovering a small debt from someone who moved to Brazil? hahahahahha

[gulliver1]

Employee or Employer ???.

[fiction-factory]

I'm pretty sure Jaguar Meant employer, gulliver

[Barmaid]

Imho, it it his responsibility to get the money to you. Your address is on the claim form. I would write to him saying that he can pay the money direct to your bank or send you a cheque. He has 1 month before you register judgement against him.

It's not wages anymore it's a judgement debt.

[Hopkirk]

Before you collect it, feast on baked beans and Brussel sprouts.

[Maydup]

Listen to Barmaid, its best advice. Not only is it a requirement that the money be paid to you in a suitable manner, but its possible you could travel the 70 miles only to find no-one at home or the money paid into the bank after all.

[davebro]

/Imho, it it his responsibility to get the money to you. Your address is on the claim form. I would write to him saying that he can pay the money direct to your bank or send you a cheque. He has 1 month before you register judgement against him.

It's not wages anymore it's a judgement debt./

Dream on!

[davebro]

You got to understand that many (most) debtors don't want to pay and will avoid paying or make debt collection as difficult as possible hoping that the creditor will give up and go away. Go there. Get the money. End of.

[Barmaid]

Jaguar - how much is the debt?

[Jaguar12]

Thanks everybody for your responses!

Haha yes sorry “against my employer”
The debt is £556
I originally claimed the court fee from him on top of my wages. But settled with his admittance to ‘part of the claim’ to get it over with.
The last day that he ‘must make sure I have the money’ is tomorrow (28th)
My last email from him told me:
‘there will be no transfer. Why you think you can receive special treatment is beyond me. You can pick up your wages like all other staff members’.
I told him again that I live over 70 miles away, and pointed out I am no longer a member of staff. And that I don’t think it’s unreasonable to request a transfer.
He has not replied to me since.
Should I put a CCJ against him tomorrow if he hasn’t transferred it by say 5pm? What are my options?

[sanmac]

If i were you, Jaguar, I'd swallow the train-fare; go get your money; and put an end to this situation.

[New Judge]

//The creditor cannot insist upon payment by any one particular method.//

Indeed. Nor can the debtor insist that the payee travels an unreasonable distance to collect the money owed in cash. It is not reasonable to expect the debtor to spend about 10% of the settlement in order to collect. I would inform the debtor that you will instruct bailiffs to collect the sum unless he behave more reasonably. Also make him aware that if you do so he will have to pay their costs. In the meantime investigate instructing either bailiffs or look at having the matter transferred to the High Court where Hich Court enforcement agents will be instructed to collect.

[THECORBYLOON]

If the Judgement directs the former employer to make sure you have the money by 28th October, I would say the onus is on him to pay it and not on you to collect it. He may prefer you to collect it in person but if he fails to ensure you receive it, he is in breach of the judgement.

As a bank transfer can be made at any time, he has until the end of the 28th and I would not set a deadline of 5pm to-morrow.

[davebro]

Most certainly not the case here *but* what if the debtor doesn't have a bank account for instance?

[TonyV]

lots of other ways to transfer money Dave.

[Jaguar12]

The company has employees on salary that are paid via bank transfer. These are paid by a mutual company of the one my claim is against (the company on my payslip). So they definitely have access to a bank account..

[TonyV]

jaguar sounds like he is making life difficult for you, I don't know what to suggest next, apart from bailiffs.

[davebro]

/ I don't know what to suggest next, apart from bailiffs./

Is it really worth prolonging the agony?

[New Judge]

//Is it really worth prolonging the agony?//

It depends. I wouldn't spend sixty quid (not to mention a fair chunk of my time) to collect five hundred that I was rightfully owed by order of a court - especially when the person who owed it is clearly being an arch-hole.