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Ask Senior Partner Your Own Question
Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13329
Experience:  Solicitor with more than 30 years experience
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We recently had an employee leave to work for one of our customers.

Customer Question

We recently had an employee leave to work for one of our customers. He has now highlighted that we have been wrongly charging his new employers for two rental items, that should have ceased five years ago i.e. his new employer has been overcharged by us for five years (and have paid throughout).

He is now claiming a refund of all the overcharge amount for his new employer.

Whilst possibly not relevant, he was partly responsible for the over-charge.

We are a small company of less than 10 employees.

I would like to know what our minimum legal requirements are in this case and separately (if they are different) what might be considered to be a fair and reasonable offer (possibly quoting a fair statute of limitations or similar).
Submitted: 4 years ago.
Category: Law
Expert:  Senior Partner replied 4 years ago.
If the overcharging is a continuing event and they have only just found out, it is debatable whether the statute of limitation will yet have started ot run. It depends on the circumstances. If you have been continuing a direct debit for example when it is not due than arguably that is theft and no limitation will apply a lot depends on whether they could be expected to have realised. In any case at the moment there is no limitation as the time period is 6 years in these circumstances so there is no real basis for you refusing to repay the entire amount unless you have some defence. Clearly if you cannot afford to pay then you have the choice of making an offer of instalments or q lesser sum to be paid now. You should be aware that if you acknowledge in writing the money is due then the 6 year limitation period will restart.

What you can do is write denying that you owe any money and separately send a letter marked clearly " Without Prejudice" So it cannot be referred to in court offering to settle.