Thread: Money Owed to employer - legal info request

You don't say how much it is that you owe -- however if you are able to pay or instalments which clears it all in four months, then this doesn't sound at all bad to me.

If I were you I would send a letter saying out exactly what you can pay and explain that you don't have the funds to do any better and include your first instalment.

Then carry on paying the instalments. They really won't be able to do anything about it. If they really want to be stupid and bring a legal action then by the time the whole thing comes to court you would have repaid the debt anyway.

They may be really stupid and try to refuse to accept the instalments. In this case put the refused instalment to one side and try to pay again with the next instalment and so on. The important thing is to be up to show the court that you have done everything you can to communicate with them, to repay the money in reasonable instalments -- and also to point out that they have behaved unreasonably and also that they have not attempted to mitigate their position. They have a duty to mitigate their losses and in fact they have a duty to accept the part payments even if they decide to bring legal action for the balance at one go.