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Firstline Digital Limited
This whole page relates to Firstline Digital Limited
The Borders Industrial Park
River Lane
Saltney
Chester CH4 8RJ
On 8th April 2009, Nero Aerials went to court with Firstline Digital Ltd who were asking for a CCJ that we had put on them for non payment of wages owed to be set aside. Nero Aerials won the case at Wrexham County court. This arose because under section 8.4 of the contract that they ask all contractors to sign is worded completely wrong and is misleading and misguided in it's entirety. Along with their description of a 'Reasonable Period' the judge said that 30 days was more then ample time in which to pay and that 12 weeks was completely over the top.
The judge did not set aside judgment of the CCJ and awarded Nero Aerials all costs and expenses, and ruled that full payment of over £3,600 be paid to Nero Aerials by 4pm on the 22nd April 2009. Firstline Digital Limited will also have to pay their Solicitors fees of £980 as well.
This was ruled under Claim Number 8QZ14942 In Wrexham County Court on 8th April 2009
Below is a guide to how we won our case against Firstline Digital and how any installer can now get their money before the 12 weeks period that Firstline Digital will say you have to wait.
Before we start, you need to make sure that the contract you have is the exact copy of the one you signed with Firstline Digital, If you are not sure, then it is your legal right to ask them for a copy of your contract.
6 Payment
6.1 The Client (That is Firstline Digital) will endeavour to pay the Sub-Contractor for all Works successfully completed on a fortnightly basis by BACS transfer
6.2 The Sub-Contractor will submit an Invoice to the client for all completed works. Failure to submit an Invoice within the agreed timescales may result in future payments being witheld until the Invoice is received by the client.
The above is critical to your claim as will become apparant later. If your contract says the above then proceed to section 8
8 Management
This is the section that Firstline Digital have scored a massive own goal and lay themselves open to the mercy of the law. Any contracts up to and including dates to 10th April 2009 will have this in them, which gives you the claimant every right to demand your money.
8.4
On Termination of this Agreement by either the Sub-Contractor or the Client, The Client reserves the right to withold from monies due to the sub-Contractor such monies for such periods as it feels are reasonably necessary to cover Customer claims or any monies due to the Client under his agreement.
The section above is the part where you have them by the short and curlies, In law it clearly states in that section that Firstline Digital Limited are entitled to Withold a certain amount of your money from the total that you are owed, The letter you get from Firstline Digital will not say that at all.
The letter you will get up until they decide to change it will be:
"You will receive payment for all completed works once all residual stock and any other issued equipment has been returned and checked for deficiencies and/or damage. Sufficient monies will be witheld in accordance with the Sub contractor agreement for latent damage and any anomalies on the work provider missing stock report. This is usually for a period of not less than 12 weeks from the recorded leaving date above, therefore your estimated 12-week final date will be (they put the date here) Though is dependant on your full co-operation and may be subject to change"
That is the part that you can contest, They will say that they will be holding all money for at least 12 weeks, and in that part above, they say it could be longer as per your Sub-Contractor agreement. Your sub-Contractor agreement says that they can only hold SOME of your money, and not all of it. Also, you are paid FORTNIGHTLY, so they have to release the money to you on a fortnightly basis as per their own contract See section 6 Payment During the course of this period, Firstline will say that you have had damage claims and that it will be taken out of your money. Don't panic, it's bullshit as usual until they change their whole system.
Once you leave, you are entitled by law to have all your money paid in full in a reasonable period, this is accepted in law as 30 days, I gave them five weeks. So advise them in writing that they have five weeks (35 days) to pay your money in full, if it is not paid in that period, then do not contact them under any circumstances. you've told them once, and that is good enough in law. Once the 35 days has passed, then you can make a claim to the small claims court online from the comfort of your home. Click here to go to the website Assuming you are owed about £2k or more, the fee for using this is £100 which just gets added to Firstlines Bill, so you get it back, Fill in the form with as much detail as you can, then submit it at the end where it will ask for your debit card which will then take the £100 cost. Then you can sit back for two weeks while the Court delivers it to Firstline Digital. They have two weeks to reply, either admitting they owe you the money or denying it, You have your invoices anyway, so they cannot deny it. If after two weeks you haven't received payment, then go back to that site and then submit your claim for judgement. this will cost you another £100 via your card and is once again added to Firstline Digitals Costs. You will no doubt get numerous mail from their solicitors saying you signed a contract etc and that you will lose. if you have the contract I had which is a standard contract from Firstline Digital, then you cannot lose in a court of law as it contradicts itself left right and centre.
Now back to damage claims, anyone who has worked for Firstline Digital Limited knows only too well how bad their communications skills are so if you have been charged for any damage claims, had the money taken out of your wages and have not received any paperwork or proof of such damage, then this boils down to theft on Firstline Digitals behalf, they have to, by law give you everything in writing, including the cost of repairing any damage and you then have to sign for the copy of the damage claim for it to be legal, If your team manager or supervisor levies any charges on you without the paperwork in place, then you can legally claim it all back. Firstline conjured up a damage claim for £340 but on continually asking for the paperwork on the said claim, Firstline Digital unsurprisingly couldn't come up with it, so that damage claim in the eyes of the court was discounted as well.
Firstline Digital are a Preferred Partner of Sky Television in the Stoke, Chester, Liverpool, Birmingham and Bristol areas of the country. So can be classed as a big (allegedly reputable) company in name, but in practise are nothing short of a shambles whose communication skills are sadly lacking in many areas which is one of the reasons why they lost this case. Their lack of communication with the court in the required time scales has been costly.
Please note, all the above is only a guide, and I cannot be held respnsible in anyway if you do take them to court. All I will say is that I am the one who took the stand against them and won, so I really cannot see them trying it on with anyone else who has money owed to them as it will cost Firstline Digital a lot more than they thought.
Copyright Nero Aerials April 2009
A full discussion on Firstline Digital Ltd can be found on Delilahs football forum where several people who at one stage or another have worked for Firstline openly discuss the experiences they had while working there. Delilahs ForumIf you have worked for Firstline Digital and would like to add to the discussion, then feel free to register for the forum and join in.
PS: This article gives me great satisfaction in going some way helping us to get even with the way that Firstline Digital treated Kieron while he lay in a hospital bed fighting for his life. They had a written agreement that money Kieron owed would be paid back in installments. On learining of Kierons accident they took all the money that Kieron owed in one lump sum leaving him in a hospital bed with no memory, no money and a bleak future. One of their team managers actually said to me that he had come to an agreement with Firstline Digital about Kieron.. I could take on Kierons debt and then they would pay Kieron. that in one sentence sums Firstline Digital Limited up to a tee. Read Kierons blog (On a tab to the left) to see what he had to endure while Firstline Digitals only concern was £800 that he owed them.
Analogue shutdown dates for Staffordshire
On Wednesday 2nd December 2009 , Winter Hill which will include areas of North Staffs (Biddulph)
On or before (TBC) Tuesday 30th August 2011, The Wrekin which is the Silverdale / Newcastle under Lyme areas
On or before (TBC) Friday 30th September 2011, Sutton Coldfield & Fenton which then completes the whole of Staffordshire.
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