Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Did the contract you have with them contain any terms in relation to claw back of cancellations/advances?
Have you been given details of these advances/cancellations and is it clear that you owe them these amounts?
I have not provided one yet
I am preparing my repsonse
Just to check did you only earn 8k with them throughout the whole employment, in both periods you were employed by them?
ok so are they trying to claw back more than you were paid?
This is very much a contractual matter, which would depend on the terms and conditions which were agreed between you and the company. Clawback provisions can be perfectly legal as long as they are specifically included in the terms and conditions of the agreement between you and the employer. All they can do is claw back commissions that have been paid to you for work which was later cancelled, or if the specific conditions have not been met in relation to these transactions – whatever they want to do now must be clearly stated in the contract. They cannot penalise you but they can recover money that was paid to you that is covered under the clawback provisions. Of course before they are able to recover anything they would need to show that there were specific terms covering the provisions to claw back any money already paid and that the conditions which would trigger these clawback clauses had been satisfied. After that they may make demands for the repayment but unless they take you to court and win you cannot be forced to pay anything. They could make threats/demands but that does not mean that they would pursue this in court – it is of course possible but not guaranteed. So it is up to you whether to try and agree to repay something, be it just part of this so they can at least leave you alone, or ignore their requests and see where they take it. If a claim is made then you can reconsider your options and whether to contact them to discuss repayment or just go ahead and defend the claim.
No a CCJ would only appear against your name if they win and the court issues a judgment requiring you to pay and you then fail to do so
that could certainly be an option, assuming they agree to it
yes but the debt collection agency cannot do much apart from threaten you and ask you to pay - they cannot force you without there being a court judgment in their favour
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? Thanks
you are welcome