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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi There I got a contract with a company and they said that

Resolved Question:

Hi There
I got a contract with a company and they said that i got paid extra and i have to return the money back but at the same time they didn't provide anything that show how much and from when is that charge. At the same time i got outstanding payment from the same company from 29/04/2013 to 06/01/2014 and the money they own me is more then the money I 'own' them but they started to charge me without to submitted my balance and to get the payment just for the outstanding balance .
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. Were you an employee or self employed?

Customer:

Hello

Customer:

Im a contractor

Customer:

service partner

Customer:

and self employed

Ben Jones :

OK, thank you, XXXXX XXXXX this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you

Expert:  Ben Jones replied 3 years ago.
Apologies for the slight delay, I experienced some temporary connection issues earlier on. All seems to be resolved now so I can continue with my advice.

Before you decide whether to pay anything back or to check that what they are deducting from you is correct, you need to ask them for a full breakdown of these costs. You have the right to be given full details of what each party owes the other, how these charges were arrived and any other relevant information to allow you to understand where you stand.

If it appears that you have genuinely been overpaid by the company, then that is not money to which you are legally entitled and it should be repaid.

However, you may be able to use the legal defence of ‘estoppel’ to resist the company’s recovery of an overpayment. One of the main cases dealing with this is that of County Council of Avon v Howlett. The employee was a teacher who was paid more sick pay than he was entitled to. The teacher queried the overpayments with the employer but was assured they were correct. By the time the Council had realised their mistake, the teacher had spent most of that money. The Court of Appeal held that the defence of estoppel prevented the employer from recovering the whole sum of the overpayment.

The way estoppel operates is that if the following conditions are satisfied, then a person should be able to use it as a defence to resist the recovery of an earlier overpayment:
• The overpayments were made due to an error by the employer
• The employee genuinely believed they were entitled to the money, or did not even realise that they were being overpaid
• The employee has since 'changed their position', meaning they have spent the money in question

So whilst there is nothing stopping the company from pursuing a claim to recover an overpayment, if the above conditions are satisfied then you could raise the defence of 'estoppel' and prevent the claim for proceeding any further.

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you and feel free to bookmark my profile for future help:


www.justanswer.com/law/expert-ben-jones/
Customer: replied 3 years ago.

Hello do you want me to give you a better view on my situation because your answer it is not that I'm looking for ?
Thanks in advise

Expert:  Ben Jones replied 3 years ago.
What are you looking for please?
Customer: replied 3 years ago.

ok
Im a service partner with YODEL delivery company
i got a contract with them to supply a delivery service (vans and drivers to deliver there parcels)
Every driver got S-number (identification number and with this number i get paid from YODEL ) but what was happened :
from YODEL they set up an S number on 2 of my drivers to another service partner and he get the payment for 8 weeks for the work instead me but at the same time from YODEL they set up an S number on his driver to pay me and the money i have paid from his service are 19500+vat . The money he got from my drivers are 21000+vat but YODEL stop the payment to this serves partner because he did not supply the good level of service and he has been charged on the contract base for not supplying a good service . Actually i need to get pay 1500£ from YODEL not to be charge but they saying i need to get my money from the Service partner and they need to get his money as a charge .


My question is is that legal and what i need to do on a law base to stop the charge and get the full recalculation of the money and to get pay the real amount which they own me which is 1500£+vat?


 

Expert:  Ben Jones replied 3 years ago.
ok, so if I have this correct - the other partner was paid £21000 but that was earned from work done by your drivers. At the same time you were only paid £19500, even though your drivers had performed enough work to justify a higher payment. Yo have asked Yodel to pay the difference but they have refused and told you that you need to try and get this money from the other service partner directly. Is that correct?
Customer: replied 3 years ago.

yes thats correct and thats my biggest problem, because they keep charging me 1000£ a week until the payment 'the charge is clear"

Expert:  Ben Jones replied 3 years ago.
ok but what are they charging you for - why do they say you owe them money and what for? From what I understand they owe you £1500 but you owe them nothing, so what is this £1000 month charge for?
Customer: replied 3 years ago.

Because they said they have to charging me 19500£ ( 1000£ every week for 20 weeks )-'the money I own to the anther service partner' and the money paid the him i need to get solicitor to get my 21000£ from him .


but its there mistake, that they set up all S numbers at the very beginning on the wrong person .

Customer: replied 3 years ago.

On my opinion thats charge is illegal and they have to stop it immediately and recover the money , after when they make all calculations on both sides with a full brake down , we can set up a meeting and sign an agreement for the outstanding balance when and how will be paid , Is there a law that protect me from the action the have taken to me to stop the weekly charge and make them to do it more professional?

Expert:  Ben Jones replied 3 years ago.
As you are self employed, your rights will really come down to what is in your contract/agreement that you have with the company. Had you been an employee then specific laws would cover you but as you are self employed your rights are only limited to the terms of the contract that is in place. That is why you must check these terms to see what the employer can and can’t do. If there is a specific term that states they can deduct such money from your pay to resolve such issues they can do it. However, the issue here is that you have already done the work in question and should be paid for it. If they have made an error and paid you for someone else’s work, whilst they were paid for your work, instead of clawing back the money and the redistributing it correctly, they should put everything on hold, calculate who is owed what and simply apportion the balance as necessary (either pay you the balance or ask you to pay what you owe them and doing the same with the other company). If they are withholding money from you and you do not know if it will be repaid to you, then you can pursue them further if necessary but there is only one way to do that and it is through the county court, you can make the claim here: www.moneycl;aim.gov.uk.

Customer: replied 3 years ago.

Thanks for the hard work


Last question , Is that the only way to ask then to held the deduction and recalculate all the payments ?

Expert:  Ben Jones replied 3 years ago.
Well before any legal action is considered you should try and resolve this directly with the company - for example if they have a formal complaints procedure. But you cannot force them to discuss this with you or do as you ask them. So if direct resolution with them does not resolve this, you are then only really looking at the county court to take the matter further and seek to recover the money that they owe you. You should also make it clear that you will be taking legal action before you do so - give them a formal warning and one last chance to resolve this forbore you go to court.

If your original question has been answered I would be grateful if you could please quickly rate my answer - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46794
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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