Advice needed please - Incasso Solicitors - Debt Collecting

[Bentham7246]

Hi All.

Would be very grateful if someone could please help

 

Here is my situation:

 

- I left me previous Employer back in March, a few months after qualifying as an accountant, and naturally left for a better position elsewhere.

 

- My contract of employment, which I obviously signed when I started, stated clearly that if I left the company within two years after qualifying, I would be liable to pay back all of my tuition fees (which totalled £2,000)

 

- When I left the company I didn't realise this was in my contact and I have very recently received an aggressive letter and number of phone calls from a Company called Incasso Solicitors (acting on behalf of my previous employer) demanding the money

 

- I genuinely left the company not realising I would have been liable for the money and nothing was said to me when I handed in my notice or even before I left

 

- Now I know I'm liable for this, as I signed the contract, but I've noticed a few things in my contract which I need to discuss with you guys

 

- Incasso have demanded all the money in one payment or at least two payments, which to be honest i can't afford, especially given the fact it's almost xmas and i've recently moved house

 

- I've read my entire contract and literally all it says regarding the tuition fees is that if I left the company within two years after qualifying, I would be liable to pay back all the fees. Says nothing about Payment Method, Schedule of Repayments or Time Frame of Repayments etc.

 

- With this in mind I told the debt collectors that i'm willing to pay back all the money but i want to pay it back over at least 2 years because

1) It gives no detail of repayments in the contract,

2) My current financial situation and

3) If I had to pay these course fees myself during my employment I would have had 3 years to pay them (my length of employment).

 

- They would not listen to me and insisted I could have no longer than 6 months and that would be pushing it and may be rejected by the management.

 

- When I queried them about my employment contract they dismissed it saying they weren't interested. - I'm sorry but isn't this the whole point of contract law?!

 

- Where do you think I stand? I would like to pay these fees back over at least 2 years. Given the information I've provided above, do you think I have a strong case?

Apologies for the bullet points but I wanted to make it as clear as possible.

 

 

I appreciate any help you can give me on this

 

Ryan

Edited November 4, 2011 by citizenB
formatted for easier reading

[citizenB]

It is rather surprising and IMHO a touch spiteful, that the company have taken this route rather than contacting you intially.

 

As you say, if you had, had to pay these back during employment then you would have had longer..

 

If you were to repay over 2 years, that would be £41.66 per month.

 

Why not offer to repay at say £50.00 per month - which would be 40 months. If you find yourself in a position where you could then offer more you could do so !

 

Meanwhile, I will try and find someone on the Site team who might be able to offer more advice.

[citizenB]

Do you know if any other person in the previous company has had to repay these training fees, if they left before the 2 years deadline ?

 

It has been pointed out that....

 

 

As there's no mention of phased repayments in the contract I'm surprised they didn't take it from his final salary payment. They should definitely consider accepting payments over a period of time if they are to show the are being reasonable.

 

So perhaps write the solicitor a letter based on the comment above