Employer saying they paid me, I have not received all the money.

[NotSoSureX]

I am feeling lost and helpless here.

I have worked through an agency for employer. 11 days in Total. End of June.
I have timesheets signed by senior member of staff to prove so.
Now, out of the 11 days, I have only been paid for 4 days. I have received payslips for the rest of the days but no money in my bank account.

1. at no time I have been told that I did something wrong and I will not be paid
2. the agency is negotiating with the employer but refusing to pay me
3. my union wrote them a couple of emails. Nothing more. They told me that they would take it to court if They think I have at least 51% chance of wining !!!
4. I have also contacted payroll Monday and they said they have the wrong dates or something along the lines. They promised they will look into it and get back to me

1. I have provided bank statement to prove that I have not received the money.

I am at a loss. I can not afford to pay for a solicitor myself and I know I am running out of time.

Anyone been there before ?

Why are you running out of time?

I would take them to small claims for £35, it's all done online - you can only do this if under £5 k I think

Have you spoken to citizens advice?

I was owed money and just said I would take them to small claims court. Only £110 but they paid. They don't want legal action linked to company.

The union said , when they bothered to help, that I can only make a claim within 3 months from the first payment. Hence the running out of time.

I will look into the small claim court now.

I have just emailed the union yet another time.

DH said I shouldn't have contacted the union. He thinks I should have trusted the agency. I usually get paid within the week. This tima I waited for 2 months and nothing...

To make matters worse, this agency was my main work provider and I haven't worked since :(

It's a long time since June so why has this only just been raised?

Agency Temps are normally paid weekly and I thought claims were submitted online nowadays. Are you sure you've put in the correct dates and hours?

Is the Company disputing the number of hours you say you've worked?

I have battling since June. I just put it in here now as I run out of ideas.

They are not disputing the hours or the days. They keep saying they paid me and they even given me dates ?! The bank statement I provided proved that no money come into my bank account from them at those dates. the agency are saying that the employer has to pay me not them .

Surely if you were an Agency Temp then the Agency pay you. That's always been the case whenever I've done this sort of work.

Can the Company not provide you with more details? Do you think the money was sent to an incorrect bank account number? Have you spoken with your bank regarding this?

Presumably the four days pay that you received was for the first week you worked for them. Did this come from the Agency? Is it the remaining pay that you're missing for the following two weeks?

It's like talking to a wall. I have a feeling the agency is hiding something and the other parties can't be bothered.

I have not spoken to that bank and one of the payment came trough just fine. It was for the last week as a matter of fact. It was from the employer and not the agency.

So if I am to take this to court, it is going to be the employer and not the agency.

Shall I mention that I opted for PAYE with this particular employer, something I have never done before!!

Can you ask them for proof of payment - do you think they have done something like input a digit wrongly in your details so they have paid - but it's gone into somebody else's account?

Not a banker but I thought that all transactions had a unique code so that you could trace them (might have been watching too many tv shows where it's their reality but not in real reality I know!).

If you could get something from them that was an actual piece of paper with all the details of all the payments made to you, with all the account details, dates, unique codes, amounts etc etc, you could get the bank to track them all down and see if they can see any problems... I think the banks also have a 'holding' account where money goes if the details are wrong in some way and the money doesn't end up going into any account...

Apologies if you've already tried this. But try asking them to send you a pdf copy of the paper today (when you are speaking to them rather than right now) and to put the paper version in the post to you, as you need them to go to the bank asap - might be a faster way to get the info from them rather than it languishing forgotten on somebody's desk, deliberately or unintentionally, and you missing any deadlines. Also find out if there is a formal letter that you could send them to notify them that you are classing this as a dispute and that you are waiting on them to provide info so hopefully if they take ages to send you stuff you can complain that they didn't provide you with the info for xx weeks/months and they shouldn't be able to escape from complaints by ignoring them!

Can you go to somebody like the British Bankers Association or some other regulatory body that would be able to look into a claim like this?

Thank you zipzap. This very helpful.
I haven't spoken to the bank, but will do first thing in the morning. So far I have been wrestling with the agency, payroll and the employer.

I decided I had enough and I taking this to the next level. Thanks again !