Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I was employed by one company who overpaid me by £136 in my final paycheck, before I went to work for another company.
This all took place last November and a month or so after I left I did receive a letter from my previous employer asking for the money back as they claimed it was a clerical error.
Anyway, some months have gone by now with no communication until I received a letter this morning from a local solicitors office acting on my ex-employers' behalf.
The letter states that unless they receive full payment of £136 within 7 days they'll 'issue court proceedings without further notice'. They also say any court claim will include interest (which I guess will date back to last year!) and court fees.
Well one thing is for sure. At £136, it is a small claim and thus court fees will be:
£30 issue fee and fixed solicitor's costs (used to be £80) + the interest which will probably date back to when they first asked for the money back.
So don't be scared by court fees. BUT an employer can recover overpaid wages and your only defence is the equitable remedy of estoppel, which may not apply in your case as your were never under an honest belief you could keep teh money.
Make them a part36 offer to settle - say £100.
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Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.
I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.
Overpaid by previous employer
me by £136 in my final paycheck, before I went to work for another company.
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