Ok, so who do I take to small claims? NHS or the agency.

[Sonaive]

I did some work 2 years ago for the nhs via an agency who wanted me to be a private ltd company which wouldnt suit me as I dont pay higher rate tax so it would double my accountancy fees to £1500 but not benefit me.

I got caught up with a factoring company who basically strung me along and dropped me when they realised I wouldnt need them for my private work which would be more lucrative for them.

The agency has lost the signed timesheets, the agency contact is now not answering my emails. The nhs dept is not signing my timesheets (they have records showing what hours everyone did as we had to sign in and out every day).

So what to do? I'm thinking of complaining to the pct chief exec as I feel I am being blocked at all turns.

I have all emails showing the start and finish dates sent from the agency.

It's making me ill now, my stomach ulcer has flared up again.

If your contract was with the agency then you will need to issue a claim against the agency. Did you keep copies of everything?

I have copies of the emails saying I intended to use the factoring company, start dates, finish dates etc.

I kept a record of the hours I worked but I dont have the signed timesheets but they did have one time sheet signed but they appear to have lost that too. I have the email saying they have the time sheet.

Can I insist the case is held locally to me as I am the plaintiff?

Thanks for replying.

I'll start with your last point first - you can issue in the Court closest to you although generally the Defendant has a general right to have the case transferred to a Court close to them. In practice, because it seems as though you'll be representing yourself and therefore a "litigant in person" you can make a cogent argument to the Court to have it remain close to you as you would be materially disadvantaged if you had to go to Court on the other side of the country and the Court might agree with you. However, you can't count on it.

NB - In modern legal parlance you will be the Claimant, the other party is the Defendant.

However, you could just issue it as a money claim online and not have to go to Court at all. Have a look here

You need to decide who you want to claim against - who do you believe owes you the money? a contract doesn't have to be signed/ in writing for it to be binding. So, it's hard for me to advise who you should claim against.

If the agency arranged for you to do the work, it is possible that you can argue that your contract is with them.

I think you need to go see your local CAB or law centre, if you have one close to you.