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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48190
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My twin brother was my employer many years ago, we have always

Resolved Question:

My twin brother was my employer many years ago, we have always had a difficult relationship, he asked me to go and work for him 500 miles away. He offered what I thought was a relocation package, but 16 years on he claims this was a loan! I believe when I ceased working for him he continued to pay a salary to me but kept it....as I was being taxed for two jobs. All employees were paid cash with a payslip, I think monthly....the cash given to move was towards a deposit on a flat, and was a gentle mans agreement and as I said my incentive to move so far away. He is now being very nasty threatening me with a civil lawsuit claiming when I sold the property I broke the law by not repaying the "loan"
He is saying that sheriffs are going to come to my place of work, and he is looking for excess of ten thousand pounds, when the original amount was £1400.
Can I trace if he continued to pay me after I left, and can he take this to court?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. When was the money given to you exactly and have you either repaid any of it or acknowledged you owe it since then?

Customer: The money was given some 16 years ago, and was used as a deposit for a flat, it was paid on my behalf by my brother to the bank. I have never repaid it as it was not a loan, I genuinely believed it was a sweetener for me to leave London and go to the Shetland Isle, where I was going to work for my brother to help him out.in the last couple of months he has been communicating thru text and telephone conversation, when he started on about the money, I asked him to clarify what he believed I actually owed and the reply was to begin with £10k, it then changed to £7.5 but his legal team that he claims to have working on this state that with interest it will be £10k.
Customer: For Ben Jones
Ben Jones :

Whatever the reason for the money, even if it was intended as a loan, he will be out of time to pursue this as a claim now. Any claim under contract, which this would be, even if no written contract existed, has a statutory time limit of 6 years to be pursued in the courts. If the money was given to you 16 years ago then he is way out of time to be able to make a claim for this in the courts now.


 


There is one small loophole in that if the debt has been acknowledged or a payment made towards it at any point, then the time limit to claim would start to run from that point but as long as you have not made any repayments towards it or made any formal acknowledgment that you owe him anything, he would be out of time and even if he tries to make a claim, you can get it struck out for being out of time.


 


At this stage, you can simply inform him that you do not acknowledge you owe him anything and that he should not contact you any more about this as he is out of time under the Limitation Act 1980 to bring in a claim for this.

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

Customer: Hi, just the employment history part if possible, as I was emergency taxed heavily because I was allegedly working two jobs, is there any way to trace dates?
Ben Jones :

The tax office (HMRC) would be your first stop for that - they should have your working history

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