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Advice on former employer and wages withheld


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All of that is now in the hands of a private solicitor and is progressing through the courts at the moment.

 

Work have admitted that I suffered under him and he has now been retired not sacked and they have taken no action

 

My immediate concern is my wages and obtaining my P45 although the DWP contacted the tax office on Wednesday and I was given a message to say it issued last night

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As I am sure any solicitor would advise, a deduction from wages as you have described would be almost certainly unlawful. The clause regarding the car loan as you have stated it is insufficiently worded to permit the deduction of any amount owing from any outstanding wages. Such a clause would need to be far more specific and signed for by you. It would need to clearly state that the amounts due each month will be deducted from your wages at a specific rate or percentage, and in the event of you leaving before the loan is repaid then all outstanding amounts at the time of termination may be withheld against the balance with any remainder to be paid subject to certain conditions. They do not for example appear to have allowed you to explore the option of having the loan transferred (not that I can see too many prospective employers agreeing to such an arrangement)

 

As it stands the employer's actions may well be in breach of Section13 of the Employment Rights Act and actionable as an Unlawful Deduction

 

The matter of the P45 is indeed down to HMRC to follow up

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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three relevant threads merged for history

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you I need someone neutral to say that.

 

My solicitor is a personal injury solicitor and employment law is not his thing that’s why I have gone to Acas

 

The contract actually states x amount to be taken out of monthly salary for x years

 

The loan was nearly paid in full and by doing this the will be just over 1 month due

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