DCA asking for wages overpayment

[Mrs_Mop]

Hello,

 

I left my last job nearly three years ago.

I have chronic health problems and the long hours I was working were making things worse

(I did around 10 hours a day - it was not unknown for my to be sending emails at midight on a Friday night,

and any overtime was unpaid).

 

When I left, I had to chase my former line manager several times for final payslips and my P45,

which arrived a couple of months after I had left.

Apparently he didn't know how to put them in the external post.

 

Several months after I left,

I received a letter to transfer my pension to a new provider

- I had been in the previous scheme for less than a year

- and put the letter aside, intending on filling it in.

 

I was still battling with health problems and it several months later and after a change of medication that I started to feel better. (Health problems can be evidenced with blood test results and hospital letters.)

 

A year later,

I found the form and contacted both my former employer and pension provider to ask whether it was too late to transfer.

After a bit of messing about and being given conflicting information,

I was eventually told that it was too late and that a refund of my contributions had been made.

 

I hadn't received any refund and it was then,

nearly two years after leaving the employer,

that I was told that I had been overpaid

and they were demanding over £1000.

 

I wasn't aware that I had been overpaid and received all monies in good faith, so this came as a huge shock.

 

I asked for a breakdown and was given a convoluted spreadsheet.

I've asked two people, one of whom works in payroll, to check the figures

and they're also confused and suspect there are errors in the calculations.

 

I asked for a further explanation but my former employer continued to send the same information

and used phrases such as "you must pay".

 

It was suggested that I claim estoppel, which I did earlier this year.

My former employer then passed the case on to a debt collector

who then tried to pick holes in how I couldn't have known that I was overpaid.

 

They then passed the case on to what appears to be a sister company

(same address, a couple of the directors are the same) and I have received my second demanding letter from them.

 

This one gives me 21 days to pay the amount plus an admin fee, which seems to have reduced from £45 to £25

and says "our Client can progress with legal action without any further notice ...".

 

I'm finding the situation quite stressful. Any advice would be gratefully appreciated.

[dx100uk]

You ignore the powerless DCA's

They are not bailiffs

And have no legal powers whatsoever

[martin2006]

The 2nd letter concerns me a little, does it say Statutory Demand anywhere on it?

Asking because if the 21 day deadline it gives you

[dx100uk]

This one gives me 21 days to pay the amount plus an admin fee, which seems to have reduced from £45 to £25

and says "our Client can progress with legal action without any further notice ...".

 

 

all and bugger a dca can do, they are acting for their client

they can't issue an SD in their own right they don't own the debt

[Mrs_Mop]

Thank you both. I feel so out of my depth.

 

I can't see statutory demand anywhere on the letter.

It has "final demand prior to the issue of legal proceedings" at the top.

 

In a box underneath it, they claim that their client has instructed them to issue a final demand requesting payment and that it provides me with a last opportunity to contact them or pay prior to the commencement of legal proceedings for the recovery of the debt.

 

They won't issue any further letters and that their client can progress with legal action without any further notice prior to the issuing of proceedings. Fees will be added, CCJ will affect credit, etc.

 

At the bottom it says "to avoid the additional expense of a summons and consequences of legal action you are required to make payment within 21 days of this demand ...".

The date is last Tuesday and the letter arrived today.

 

Is passing a case to a DCA part of the process before going to court?

Or is it likely that if my former employer wanted to go down this route then they would have done so earlier?

[dx100uk]

client his client that.

client can progress

doesn't mean they will

 

 

passing to a dca on these types of debts

usually means they don't think they stand a chance in court

why waste paying a DCA and then paying court fees..??

 

 

they'd have had you in court ages ago if they wee really confident.

 

 

with all the hours you were doing how can you owe them...

[martin2006]

Ok thats fine to ignore. Keep ignoring unless you receive a claimform, then come back and we can help with it

[dx100uk]

I've popped the thread into our employment forum

as I pers think

our experts here might be able to help with the pension/and or wages issues

 

 

just for ref

can you have the DCA please

I expect we know them

[Mrs_Mop]

Thank you both again.

 

I think you know the DCAs too

- the first one was The Corporate Consortium

followed by Capitol Commercial Collections.

 

 

I thought they worked on a no result no fee basis so there wouldn't have been DCA costs and court costs.

 

My former employer won't be aware of all the extra hours I did, only one of the five line managers I had during my five years there knew as she was copied in on some of the late night emails I was sending. (The number of line managers is down to the redundancies and restructures the company regularly goes through.)

 

 

Shortly before I resigned, the one who didn't know how to send external post asked me why I was the only person in the team who completed all their tasks for the day - as well as all the other ad hoc work that came in.

[dx100uk]

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=The+Corporate+Consortium+&sa=Search+CAG#gsc.tab=0&gsc.q=The%20Corporate%20Consortium&gsc.page=1

 

 

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=Capitol+Commercial+Collections&sa=Search+CAG#gsc.tab=0&gsc.q=Capitol%20Commercial%20Collections&gsc.page=1

 

 

both are toothless

[ericsbrother]

they cant work on a no-win no fee basis

becuse then they will get done for Champerty and maintenace.

 

This means they can only do what the client tells them to do and pays them for.

 

As for all the other points you make about all the extra work

, - stop it, - completely irrelevant to the matter under discussion

and you will only cause confusion by going off on a different path

so stick to just the facts about the demand for money.

[donarebun]

I know of someone who had a strong case but the DCA took her to the Courts.

 

It was very stressful and scary for the lady in question.

 

If you can't deal with the stress and uncertainty of a court case then my suggestion is this;

 

Ask the DCA a lot of questions (relevant or irrelevant it doesn't matter) It takes up their time

 

Read the Office of Fair Trading (now FCA) guidelines. If the DCA makes a little mistake take them to task over it

 

Ask the DCA for the breakdown (which you already have) and question them about the errors (they most probably have no answers)

 

Make as many complaints as you can and soon they will give up.

 

OR

 

you ignore them and hope they go away

[dx100uk]

A dca taking someone to court for wages overpayment?

Don't think that's what you mean dunerbun?

[donarebun]

A dca taking someone to court for wages overpayment?

Don't think that's what you mean dunerbun?

 

My point exactly, the lady had a STRONG case but because she ignored them they thought they will get a judgement by default.

 

Some times these DCAs do a throw of the dice to see if they will get a default judgement or someone will be scared and pay up.

 

Like I said the OP could ignore them and hope nothing happens

 

OR

 

Frustrate with so many questions.

 

The choice is hers

[obiter dictum]

After all this time i would continue with the estoppel defence. Especiaally if you thought you were entitled to any overpayment.

 

County Council v. Howlett [1983]

The Court of Appeal held that an overpayment was not recoverable because the worker was not to blame for the mistake. That judgement being an Appellate Court sets Legal Precedent.

Keenan v. Barclays Bank PLC ET 1100792/2009

Held that the employee had no knowledge of any overpayment and had the employee been aware would inform the employer.

Klenwort Benson v. Lincoln City [1998]

Held that once an employee had realised they had been overpaid the only recourse will be the Civil Courts. That is if the employee can show they had not realised the overpayment was a mistake and held an honest belief the entitlement was theirs.

[donarebun]

After all this time i would continue with the estoppel defence. Especiaally if you thought you were entitled to any overpayment.

 

County Council v. Howlett [1983]

The Court of Appeal held that an overpayment was not recoverable because the worker was not to blame for the mistake. That judgement being an Appellate Court sets Legal Precedent.

Keenan v. Barclays Bank PLC ET 1100792/2009

Held that the employee had no knowledge of any overpayment and had the employee been aware would inform the employer.

Klenwort Benson v. Lincoln City [1998]

Held that once an employee had realised they had been overpaid the only recourse will be the Civil Courts. That is if the employee can show they had not realised the overpayment was a mistake and held an honest belief the entitlement was theirs.

 

This is beautiful!

 

If the OP sends the DCA these facts it would stop them in their tracks.

 

Sending such powerful information is better than ignoring them and hoping for the best.

 

I believe in being in the driving seat and sending such info to the DCA puts one in the driving seat.

[dx100uk]

My point exactly, the lady had a STRONG case but because she ignored them they thought they will get a judgement by default.

 

Some times these DCAs do a throw of the dice to see if they will get a default judgement or someone will be scared and pay up.

 

Like I said the OP could ignore them and hope nothing happens

 

OR

 

Frustrate with so many questions.

 

The choice is hers

 

 

what I'm pointing out....

is ...

 

 

that the story you relate too is NOTHING to do with a dca chasing a wages overpayment that THEY DO NOT OWN.

your idea is good for consumer debt [though IMHO I'd always ignore them 9/10).if they ownthe debt

but where a DCA is simply chasing

theres bugger all worth in conversing with them.

they cant do court

only the employer can.

and I don't think we've ever seen this type of debt sold on either.

 

 

the ones above are all an employer taking someone to court NOT a DCA