Help needed filling in a court warrant

[Batista230]

This has nothing to do with my other post so please ignore that

The local magistrates have issued a judgment in my favor and the defendant (previous employer) has not paid the amount due
I now have the option to issue a court warrant for a bailiffs to collect the money I am owed
which I wish to pursue

I am using the money claims online site to do this
I am owed by the deferent £829.60 + court fees of £60; A total of £889.60
On my 'Warrant Details' page I am asked to input a figure of "Balance due at date of this request"
And "Amount of warrant"
I am asked to put a fee in both boxes
But I dont understand what each of them mean?

[vanman]

Re: Help needed filling in a court warrant

On the “Warrant Details” page the claim judgment
figures will show in the top section. The
“Balance due at date of this request” box should be completed with the current amount £889.60

outstanding. You must then type in the amount
you would like the bailiff to collect on the warrant .£889.60
This amount cannot be more than the outstanding balance due on the judgment and

cannot be more than £4900 as the system w
ill not allow the warrant to exceed £5000
(including the warrant fee of £100 ).

http://www.justice.gov.uk/downloads/...tart-guide.pdf

[nemesis45]

Re: Help needed filling in a court warrant

Hi you say " local Magistrate" do you mean County Court District Judge or is this say an award of compensation made by a Magistrates court?

The Balance due is the total awarded in the judgement i.e. the debt + court costs.
The Amount on the Warrant is the same + cost of Warrant.

nem

[Batista230]

Re: Help needed filling in a court warrant

yes its County Court District not high court
OK i think I understand what it means
the emount owed and the emount you would like the bailift to collect
just neede to make sure any way

thanks

[Batista230]

Re: Help needed filling in a court warrant

Well I filed for a bailiffs warrant on thursday online
All I have had from it is the screen shows me the warrant number with the warrant of control request

What is the next stage of action
will the bailiff contact me
will the bailiff right a letter to the defendent or will they visit in person?

[vanman]

Re: Help needed filling in a court warrant

https://youtu.be/v-IuENCkAlU?t=3m16s

[Batista230]

Re: Help needed filling in a court warrant

https://youtu.be/v-IuENCkAlU?t=3m16s

I am very sceptical about what I hear on the TV as a lot of it is not true!

for the 70 quid I paid would that include every thing for the bailifts to collect the money
or should I encore more costs?

[Batista230]

Re: Help needed filling in a court warrant

Well I phoned the baylifter up today (who are in Mansfield).
He says he has had the warrant request from the courts and they have sent the defendant a 7 day letter out for which he has not replied to.

He said they will call round there next week to assess the situation.
But he also said the defendant has the right to defend it and have it go to the local magistrate if he wishes.
As the court judgment was issued by the court as default as he failed to fill out the directions question air in time.
The baylifter said its a bit far for you to attend court in Mansfield when your in Shropshire

AND THIS IS THE BAD NEWS!!!
I think him and his solicitor has failed to fill out the directions question air form in time on purpose so they can have this case heard in there local court, not mine!
If this is the case and they wish to deal with it in court
Will this court case be exactly the same as the first one that would of taken place if the question air was filled out in time; I mean are they entitled to a full hearing on why they do not owe me the money?
Or is it a case of where him and the baylifter stand in front of a magistrate and it is really A case of the defendant vs. the bailiff as opposed to the defendant vs. myself?

[wales01man]

Re: Help needed filling in a court warrant

Don't think Bailiffs fight cases in Court

[Batista230]

Re: Help needed filling in a court warrant

OK so this is what happened

First off the form I submitted to the court


Claim Particulars

I worked for Taylors Transport as a driver
from 9th of June 2014 till the 30th of
August 2014
I am claiming £352 for unpaid holiday pay and
£477.60 for my Payment in lieu of notice
The total amount is £352 + £477.60 = £829.60

I have tried to contact Allan Taylor about
this and had no response
I have gone to ACAS and gone through there
conciliation process by I and Mr. Taylor have
not been able to agree a settlement

There are not enough line on this Claim
Particulars box to put a full summary of my
requests so I have added a link to a web page
for viewing
http://ebayphotos.webs.com/beevor%20vs%20tayl
ors%20/Detailed-claims-particulars-Beevor-vs-
Taylors-Transport.txt
I will provide the defendant with separate
detailed particulars within 14 days after
service of the claim form.

-------------------------
Context of the above web link

Detailed claims particulars Beevor vs Taylors Transport

I worked for Taylors Transport as a driver from 9th of June 2014 till 30th of August 2014 And I have pay slips and time sheets to prove this
And I was paid £8 per hour standard rate and £12 per hour (time and a half) for Saturdays
I worked A total of 716 1/2 hours for Taylors Transport And my average working week was 59.7 hours
I have worked A total of 62 days and an average of 5.1666 days a week

The statutory minimum leave for holiday pay is is 5.6 weeks per year
I have used the government online calculator to calculate this
Please see https://www.gov.uk/calculate-your-holiday-entitlement
The results show that I am owed 6.4 days or 76 hrs holiday pay

I was not given a minimum contract of hours when I started so I presume the hourly calculation to be correct and not A daily calculation to be correct (which falls below the amount I was paid anyway)
The total amount I am due is 76hrs holiday x £8 = £608
I was paid a total of 4 days x 8hrs = 32hrs x £8/ hr = £256 according to my final pay slip
So Im claiming £608 - £256 = £352 for unpaid holiday pay



I was instantly dismissed by one of the managers at Taylors transport
I asked him if this was on the grounds of gross misconduct
He said no; I then said so I'm not being sacked for gross misconduct he said again no!
I then said that by law I am entitled to 1 weeks notice but if your not going to give me that notice period then I ask for Payment in lieu of notice
He said everything that is owed to you will be paid at the end of the week
I would of been happy to have worked a final week with out any lack in my performance

I have worked for Taylors Transport for 3 months
And the statutory notice periods (that are also treated as a part of the contract) is
one week if you've been continuously employed for between one month and two years.
So I am entitled to 1 weeks Payment in lieu of notice since I did not commit gross misconduct
http://www.nidirect.gov.uk/notice-and-notice-pay

My average working week was 59.7 hours and that is what I ask for my Payment in lieu of notice
So I'm asking 59.7 hrs x £8.00 = £477.60 for my Payment in lieu of notice



The Total amount I ask is £352 + £477.60 = £829.60

I have tried to contact Allan Taylor about this and had no response
I have gone to ACAS and gone through there conciliation process by I and Mr. Taylor have not been able to agree a settlement

_______________________________________

And his responce to my claim (before he failed to fill out the directions questionnaire form in time)
undernight it I have put my defence; or what I would of told the court if it had gone to court

1. the defendent would advicate that at all times the claiment was employed
by B taylors and son transport ltd and not by the defendent, allan taylor
in a personal capacity, the defendent would seek to request the claiment
and the court the amend all pledges showning that in this action the
defendent should be B taylor and son dransport ltd

the claim I made for type of defendent was made againt
an organization not an individual
_______________________

2. the defendent would firstly adver the the claiment was until the
9th of june an agency driver for the defendents company and the
claiment comenced his employment with the defendent on the 9th june
the employment was terminated on the ground of gross misconduct
on the 30th of august

I was employed as an agency driver prior to the 9th june
and the dates are correct
I was not dismised on the grounds of gross misconduct
please see my Claim Particulars
____________________
3. the claiment was employed as a driver under a contract of employemnt
and as such he would be paid a basic rate of £8 hr with an aditinal
rate of 4 hours night out rate pay of 20.20 per night
in adition the claiment would be paid an over time rate of time and
a half should the claiment decided he wished to work a sataday or
sunday. these aditiona hours overtime where volenteraly and not
contactual. in ocasions the claiment did in fact work overtime
and on other time he chose not to
contractuly hours are not set a a minimum at all drivers agree that
they will drive such hours as the resonable request to facilitate
the neededs of the company there and thefore no minimum hours
shown within the contract given to all driving staff

I had a telephone interview with Greg Bell
He stated that I would recive £9/hr
There was no written or verbal contact for this
And I would ask the defendent to prove this
The rates quoted above is what I receved
I belive I worked all satadays that I was requested to
Again no contact of employment to state contractuly hours
_____________________
4. the claiment contact of emplyment states that he is entitled to
20 days of holiday together with 8 bank holidays all paid at
the casic rate
in all cases where the employie leaves within the probational period
the one weeks notice is given insept of cases of gross misconduct
where no notice is given
the claiment is entitled to holiday pay based on his basic rate
but exclusive of ever overtime or night out
but no notice as he was dismised for gross misconduct

Again I am unawere of any contact, and I would ask I be paid the
statatory minimum
I was not aware I was on a probational period whist eployed
by b taylor and son
I did not request holiday pay for the overtime rate nor the
night out expences
_______________________
5. the defendent would state that based upon the hours he worked
at basic rate over the period of him employment he would be
entitled to 3 days or 24hrs pay at the rate of £8/ hr totlaling £192
plus one bank holiday pay at £64 whch would total £256.
the claiment was duly paid this sum on the 4th of sep 2014.
the defendedt would adver that all holiday pay entitlement by
the claiment has been paid

The emount stated above has been paid
But I am asking for the remainder
which is the statatory minimum which I have used to gov online calculator
to claculate this on my link of the claims particular box

_______________________
6. The claiment was dismised on the 30th Aug for what the defendent
would stae gross misconduct which included inter alia failure to
observe saftey protacall, bringing the defendents company into disrepute
by his actions towards the defendents companies clients and being abusive
to the same
The defendent would state the the claimet has received one verbal
warning and written warnings prior to his dismisal and the
defendent informed the claiment by letter that he had been dismisted
for this reason

I am unaware of any safety protocalls I have broked
I have no knolage of this verbal waring and I would ask the defendent
to say who it was when and the reasons stated
I did however recevie a written warning from Greg Bell ( who decided
to employ me) I put a written appeal in and that same day
I recived a phone call from Greg Bell saying if I forget about the appeal
he will make this written warning go away and it will be removed from
my file
Again as stated when I was dismised I asked twice if this was on the
grounds of gross misconduct and twice I was told no!
I have recived no letter of dismisal from taylors transport

[vanman]

Re: Help needed filling in a court warrant

just a pointer

""in addition the claiment would be paid an over time rate of time and
a half should the claimant decided he wished to work a Saturday or
Sunday. these additional hours overtime where voluntary and not
contractual. in occasions the claimant did in fact work overtime
and on other time he chose not to""

Taylors Transport also said

contractually hours are not set a a minimum at all drivers agree that
they will drive such hours as the reasonable request to facilitate
the needed of the company there and therefore no minimum hours
shown within the contract given to all driving staff

.so that in mind after how many hours work does the overtime kick in.
i would say that would come under

the needed of the company there and therefore no minimum hours


Non-guaranteed overtime

Non-guaranteed overtime is where there is no obligation by the employer to offer overtime but if they do then the worker is obliged by the contract to work overtime. On 4th November 2014 the Employment Appeal Tribunal made a ruling in the case of Bear Scotland v Fulton which covers how holiday pay should be calculated when non-guaranteed overtime is worked.

The judgment has clarified that:

• Workers should have their normal non-guaranteed overtime taken into account when they are being paid annual leave.
• Anybody making a claim must have had an underpayment for holiday pay that has taken place within three months of lodging an employment tribunal claim.
• If a claim involves a series of underpayments, any claims for the earlier underpayments will fail if there has been a break of more than three months between those underpayments.
• Only the 4 weeks' annual leave entitlement under the original Working Time Directive are covered by this judgment, rather than the full 5.6 weeks' leave provided by the Regulations as they operate in Great Britain.

This judgment may have an impact in situations where non-guaranteed overtime is carried out by workers on a regular or consistent basis.
It is unlikely to have an impact in situations where non-guaranteed overtime is either already factored into holiday pay, or possibly where this overtime is only used on genuinely one-off occasions.
Employers, workers and trade unions are encouraged to discuss any concerns arising from this judgment with a view to seeking agreement on any measures or policy changes they feel may be necessary. Acas may be able to help parties find solutions and employers or workforce representatives may find it helpful to discuss the issue with an Acas Collective Conciliator.

[Batista230]

Re: Help needed filling in a court warrant

Ok so are you saying I may not be able to include my over time hours (which has nothing to do with my over time rate of time and a half) when calculating my holiday pay

I guess any one would see me working a saturday as a 6 day week as over time realy

Thanks for taking the time to read it

What are your views regarding a week in lieu of payment for this case?