To lie and pull the 'I'm contacting my solicitor card'

[dlwelly]

This is my first post and I'm hoping it's in the right place! Have also just read through and apologise for such a long post !!!

I finished employment with one company on 31st December. I was in a role where I would incur various expenses (mostly travel but sometimes had to buy something from a shop for maintenance of the building as it was quicker than the usual purchasing routes).

At the end of each month I would put in my expenses claim to be authorised by my manager and I would then be paid back when I was next paid (around the 20th of the month)

This process always worked fine whilst I was with them until my last month. I was incurring expenses right up until my last day so sent my final expenses claim off to my manager (it would have been one of the last emails I sent).

By this point I had already received my P45 (as I had my last salary payment on 20th of December, last day wasn't until 31st)

I wondered how they would pay my expenses claim but figured they had all my personal details so could process a one off BACS payment or post a cheque at least.

Left it until the 20th of January (usual payroll day when I would get them if I worked there) and there's nothing. Left it another month and still nothing so I started to chase.

Several emails and calls from Feb until now and there's still nothing!

I have made some progress in all of this - the finance department first said they couldn't pay as they needed authorisation from my (ex) line manager, he then gave this but still weeks went by with no payment. Chased again, said I would receive a cheque (due about 4 weeks ago) nothing came, chased again, they apologised and said I would receive it last week but (as you've probably gathered) nothing has came.

Obviously I'm going to get back in touch but AIBU to say something along the lines of "I'm afraid I have no option but to involve my solicitors in this issue as there is clearly a problem"

Main problem is that I don't have a solicitor and don't know if they could even help. This is now 6 months since I left the company and it's caused undue stress.

I feel like I need a scare tactic to get them to pay up!

This is a big, national company. The money is a drop in the ocean to them but quite substantial to me.

So, AIBU to lie about contacting a solicitor ?

Thanks everyone! I'll write to them tomorrow when I'm back in work (have sent all my emails from that account) and summarise everything chronologically and state that if I don't have the payment in 10 working days I'm pursuing a claim through the small claims court.

Not a lie as I'm happy to pursue it if needs be, part of me wants to jump straight to that and teach them some sort of lesson!

Caroldecker - completely agree with you ,it's obvious they can't fit my payment into their system as it's outside their usual requests but not fair and extremely frustrating for me when I'm out of pocket :(

Thank-you for all your advice ,feeling determined now!

Say you are going tot he small claims court. You don't need a solicitor to do that and if you do go to court it will cost you about £40. And claim interest.

I agree with those that say don't contact a solicitor unless you are going to use one-and even then don't tell them just get the solicitor to write.
Is legal advice available as part of your bank account mortgage insurance etc?
You could also try giving ACAS a call as they may well be able to advise what your next step should be.
The letter before action is a good route to take, but be prepared to see that through as well.

Good luck

AyMamita Mon
Just call finance every day until they pay you. Keep escalating to higher managers.

Having used the small claims track (and having extracted difficult debts through persistence), I would agree with trying the above advice first. It's easier and less painful than pursuing a claim. Even if you win, getting paid can be a different ball game.

Do make sure you ring ACAS as suggested by some they are fabulous

90% of letters before action work immediately.

The real problems occur if BigCo is so incompetent as to simply ignore you. Then you have to get the bailiffs to yank their servers.

Disgrace
90% of letters before action work immediately.

Sounds like a highly implausible statistic (unless you're actually referring to a specific subset of letters before claim). I've sent a few and I've received a few, 0% of which have had the desired effect.