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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47351
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I was dismissed from my employment in december the committee

Resolved Question:

I was dismissed from my employment in december the committee informed me I could write a list of my pocessions and they would return them I have this supplied proof of purchase as they requested but I have only just had a reply to say my letter had been received what do i do now
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.

Ben Jones :

What do you hope to achieve in this situation?

Customer:

My resources to be returned as soon as possible

Ben Jones :

What resources are these specifically?

Customer:

it was pre-school so mainly toys but some papers and games to do with special needs

Ben Jones :

And there was never an agreement or understanding that these were gifts to the employer, they were always considered yours?

Customer:

they were never a gift but there had to be no agreement as the staff all knew they were mine

Ben Jones :

What is the total value of the items?

Customer:

to buy them new would cost about £500

Ben Jones :

If someone is holding items that belong to you, you cannot physically force them to return them and if that is the case you may have to consider making a claim against them to seek compensation for their value.


 


It is generally recommended that the process follows these steps:


 



  1. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

  2. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.


 


Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

Customer:

I have the copy of the letters and email the letter was sent recorded delivery with today being the date I have not given them a price just that i want my resources returned.

Ben Jones :

you do not have to give them a price but I suggest you send one last letter, where you clearly state that legal action will be the next step and then also estimate the value of the claim you eill be making

Customer:

i did say that as well sorry, will the courts need all financial evidence as some i purchased from a friend although she has written a list of the items i had

Ben Jones :

they will need some proof, because otherwise you can decide to add anything you want and claim it was left there

Customer:

to be honest i have only asked for some of my resources the ones that are useful for me in my new job i just feel why should i have to pay out when i have done so already and if they have the letter from my friend saying what i had what more do they want

Customer:

if it goes to court how much will it cost me

Ben Jones :

let's say for a £500 claim it would be a £35 claim fee and a £55 hearing fee but you can claim those back if you win

Customer:

what if i dont do i have to pay their fees

Ben Jones :

no, you don't pay their fees, each party meets its own costs

Customer:

ok thanks for the advice

Ben Jones :

you are most welcome, all the best

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