The solicitors have acknowledged my CPR request but have yet to provide anything, no response to my CCA request yet.
I would like to get a defence in before the end of this week, can anyone help me put together a defence?
There were express terms of repayment of the capital plus interest over 60 monthly instalments. However, you are saying the Default has no effect, so that when charged-off the interest did not have to be rescheduled?
P.S. It may be irrelevant, I don't know, but I can’t see an acceleration clause in the CCA allowing them to ‘call in’ the entire amount of interest on the 5 year loan? Copy of the Ts & Cs from my original CCA attached. Clause 2 (c) refers to interest being charged until settlement, but I’m not sure that is an acceleration clause.
If you have any thoughts on the above they would be greatly appreciated.
Just to add, I completely agree with you that a contract to prevent her leaving the employment would be completely unenforceable. However she properly should realise that the situation may be referred to in any references provided to her for a future job.
Who is the employer? Their approach to this problem – which of course has been of their own making, is frankly bullying and unacceptable.
Please follow the link and read on this forum about estoppel.
If she has received the payment completely in good faith – meaning that not only did she accept the fact that the payment was made properly and with authority, but also she had no reason to suspect that there was an error, then she will be entitled to say that they were estopped from recovering the payment – assuming that she no longer had the money and she had not used it to improve her lifestyle beyond what was normal for her.
From the sounds of it, she may not be entitled to rely upon the doctrine of estoppel. You say that she was working 20 hours and she received 30 hours – which is a very substantial overpayment. She would have to persuade a court that she really had no way of suspecting that the money she was receiving had been paid to her in error.
The courts apply very high standards if people try to rely on the doctrine of estoppel by way of a defence.
In terms of them refusing to allow her to leave, they have no right to do this. It's complete nonsense – although they may well decide to hang on to any payment which is owing to her including holiday pay et cetera and she would find it very difficult to deal with this.
A friend of mine started work for a care home around eleven months ago.
From the very start they over paid her and it has just come to light.
I do not know for sure if she was aware of the over-payment, (she is cunning enough to be aware and dizzy enough to not notice!, with apologies to feminist readers!!).
The company has now demanded she repay the over-payment. I am not clear what the sums are but she was contracted for around 20 hours a week and was paid for thirty so I would estimate 40 hours x minimum wage x 11 months so something like £3500. (Please don't comment that this was a huge number that she should have noticed, I already know!).
At first they told her she could not leave until she had paid it back, finally an arrangement was made that she will repay at the rate of £50 per month and must settle the balance if she leaves before she has paid it back and they have made her sign a contract to that effect.
I take the view that whether or not she has an obligation to pay it back there should not be any contract that in effect ties her to the place. She should be free to give notice and work elsewhere, any repayment should be at a rate she can afford and if she has a better job offer she should be able to take it without having to wait to pay back the overpay.
I would be most grateful for any CAG'ers opinions and comments on this matter and what her rights and obligations are.
Don't touch them owe me £500 since January 2019 make excuse after excuse. Seem they always have software problems sending money out. Keep saying they will call back or email nothing been chasing it now for 6 mths the phone staff always have the same banter we will chase it up and get back to you then nothing!