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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 previous employer has via a solicitor sent a letter to me

Resolved Question:

My previous employer has via a solicitor sent a letter to me stating that I used the company taxi account on one occasion without authorisation, also that an error was made when calculating my final salary, the solicitor has stated that failure to respond within 7 days will lead them to believe "i have something to hide", that this may be a police matter, they will undertake an audit on the accounts I worked on and the cost of such I would be liable for. Do I need to respond.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.

Customer:

Hi Ben

Ben Jones :

No, you do not have to respond - they cannot force you to do so. However, as they have stated if you fail to respond or to provide some sort of explanation or defence, it may prompt them to pursue the matter further. They could undertake an audit if they wanted to but they cannot charge you for this unless they then go on to take you to court and win by showing you were responsible for taking the money and had ignored their request for a justificaiton before they were forced to undertake an audit.

Customer:

Thanks Ben, And is it a Police matter as they suggest, they calculated the payroll and suggest and overpayment was made of £132.00, and unauthorised use of a taxi account on one occasion

Ben Jones :

depends on what happened - for example was there an intention by you to defraud the company and claim more than what you were entitled to? If that was the case it could be theft, but if it was a genuine error, it is unlikely

Customer:

The payroll was nothing to do with me, my employer calculated it (or rather their accounting/payroll services did) - so no intention to defraud. I did however use the taxi account once - approx £40 I think.

Ben Jones :

but did you intentionally use the taxi account when you had no authority to do so and then submit the claim knowing you could not have claimed in the circumstances?

Customer:

I didn't submit a claim, the taxi was booked on the company account and paid for by the company - I was working as a private PA to a well know gentleman and worked 70 hour weeks, I did not imagine it would be such a biggie getting one taxi and can't believe they are now involving a solicitor and talking about the Police.

Ben Jones :

in the circumstances I do not believe the police would be interested in this to be honest, but the employer could try and pursue you for these costs in the small claims court.

Customer:

Thanks for your help. I think they are being ridiculous and will ignore this letter, however, should I receive further letters can I come back to you (extra charge I know) - are you London based?

Ben Jones :

Sadly we cannot take on clients outside of this site but I will be happy to help on here if you have any further questions in the future

Customer:

Thank you Ben. It's quite scary to receive a solicitor's letter and I appreciate your time.

Ben Jones :

you are most welcome

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