Company Car- left employment now being chased for upgrade costs...

[monkeychicken]

You may or may not have signed the agreement, but by accepting the car, you must have accepted at least an implied term. The clawback you describe is pretty standard clause and this, along with what appears to be your signature would probably be enough to convince any court that the terms stand and you will have to pay the amount of clawback demanded.

 

It is not relevant that the two colleagues were excused the payment, because companies can make ex-gratia payments or waive any monies due. Unless you can establish that this is normal procedure and you are being discriminated against by being asked to pay. And then, it will only be actionable in a court if that discrimination is unlawful (i.e. contrary to race relations act, sex discrimination act, disability discrimination act).

 

However, my advice to you is to simply say that you do not have adequate means to pay at the rate of £300 pm. Stick to the offer to pay at £50pm and let them take you to court. In a court, if you have already made a 'reasonable' offer to pay, most judges would view the bringing of such cases very dimly and you will find that the court will simply accept your offer to pay at a rate of £50 pm, and even possibly award costs against your ex-employer for abusing the court process or something like that.

 

So the chances are they wont take it to court, and merely accept your offer of £50 pm.

[monkeychicken]

1. Yes, but do not admit the debt (even though on the evidence I think you will probably have liability). Just say you don't need the hassle and just to get them off your back, you will make the payment.

 

2. Yes definitely and keep a copy!

 

3. Yes. I think its their only realistic option.

 

4. Yes - wait and see what they say in the court and what evidence they provide, and then decide if you admit the liability. You dont need to decide now.

 

5. It not a defence, but an offer to repay the debt. Probably would bring up the issue of the colleagues as a matter to be taken into consideration.

 

I cant really advise you on CCJ - dont know enough. Maybe someone here can, or google it. My instinct is that CCJ is only made against you where there is no agreement, but I could be wrong. And that is why at this time its best not to admit the debt and find out a bit about how CCJ works.

 

 

Write the above letter to the solicitor and also tell them that you do not wish to be harassed, spelling out the number of emails and letters you have received. Ask them to cease this harassment. Also explain that your offer is final and you cannot simply negotiate on the amout (as you cant afford it).

 

Also say the if they persist in such 'bully boy' tactics, you will seek legal advise with respect to taking out an injunction against them, and complaining to their professional body.

 

 

I would also go to CAB asap and ask advise.

[monkeychicken]

Hi Postggj - hope you are well!

 

The text relating to the trade-up contributions is:

 

" Please note XXXXXX will reclaim any outstanding trade up amount from any driver trading up should they leave

the Society prior to the end of the contract date. For example; if you have a vehicle on a 36-month contract at £100

per month, if you leave after 18 months, you will owe £1800. This money will be required to be repaid on leaving"

 

This is copied from the car policy which apparantly has my signature ont he back page.

 

It does seem to be a bit on the high side, but look at it this way, the company has to pay upfront for the car and unless they can find someone to take on the car, they would have lost the amount.

[monkeychicken]

Now it gets interesting.

 

Does anyone ever gets charged under these circumstances?

[monkeychicken]

Exactly my thoughts!!

 

m2000 i'd hold that letter - I'm a little tired, its late. I'll get back to you tomorrow, or perhaps postggj can advise on the letter you need to write to the solicitor.

[monkeychicken]

I think the letter by Post if excellent. However, I would also add the following:

 

"I note that within the period *** to ***, you have written to me twice and telephoned me XXX times to ask for the full amount of the upgrade. I consider this to be excessive and tantamount to harassment. I would be grateful if you could respect my family life and cease to telephone me on this matter. Please ensure all future correspondence is in writing as I do not want you to intimidate or pressurise me. If I continue to feel intimidated by your actions, I will have to seek legal advice or complain to your regulator."

[monkeychicken]

Sorry i've not been on the site for some time -been away and also found out that i've got diabetes, brought on by stress.

 

Anyway to try and help - firstly i'd try to get legal help from Union, CAB, house insurance or any other sources.

 

Next I'd try and focus on each item to see if evry aspect of the statements the other side has made is correct and dispute the incorrect ones.

 

I'd let it go to court and argue that you are being charged for someone elses liability (the person taking over the lease should have incurred the upgrade costs).

 

Then if that is not upheld, agree to pay, but ahow that you have very little means and can only pay at the rate of £10 per week or something.

 

Let the court decide on the matter.

 

But please check it out with a lawyer, even if it is taking advantage of the usual free hour consultation that most lawyers have.

 

I'll try and think about the problem a bit more later.

good luck

[monkeychicken]

Forgot to add - I also have heard it on the grapevine that the employee who is now driving my old vehicle did indeed want the same vehicle as myself and had ordered it, it just so happened that I left and that giving him mine was a lot quicker than the lead time of 3 months.

 

It is a case of proving it tho

 

Hi you need evidence of this by way of a statement from the person who told you. Perhaps by telling them that you are being asked to pay for the new guys upgrade - try to get the stateemnt signed.

[monkeychicken]

Wait till it comes to court, then deny every aspect of their claim and ask for disclosure of the order form of the new starter (even if you have the statement mentioned in my last post).

 

Now the thing is I know Employment Tribunal procedures, but not county court. So you need to get some avice or get hold of books etc on county court procedures (Google would be a good start) and see how you can get disclosure. That should blow their case out of the water- especially as they have lied about what vehicle the new starter wanted.

 

hopethis helps

[monkeychicken]

"you need evidence of this by way of a statement from the person who told you. Perhaps by telling them that you are being asked to pay for the new guys upgrade - try to get the stateemnt signed"

 

I think the above will be impossible... the person who told me this still works there and has already told me it is strictly off the record

 

 

Hi OP

you seem to be getting some good advise- way better than anything I could suggest. However, just two points - firstly, you could simply state in your evidence that and existing employee has told you that the new employee actually wanted the upgrade and this is simply a case of the company trying to force you to pay the upgrade costs of the new employee. Also state that the person advising you of this information did so anonymously as they were fearful of their position.

 

Than state that the original signed vehicle request form of the new employee would clear up the issue.

 

This may force them to disclose the form and also call the new employee as a witness.

 

This part of your statement, because its hearsay, will carry less weight, however together with the other points, may strengthen your case.

 

Secod point in the next post.

[monkeychicken]

The second point is about your legal insurance - have a careful read through of the documentation to see if youre covered. Their first attempt is always to deny liability, so its worth wrting to the insurance company pointing out the specific clause that shows you to be covered under the policy - worth a try anyway