How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45351
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

Daughter worked for arcadia shops in March, April, May and

Resolved Question:

Daughter worked for arcadia shops in March, April, May and June she received no wage slips and worked different hours and days at short notice, at the end of June they said she was no longer required as they are cutting back on staff, in August she received a letter from there payroll overpayment dept saying she was overpaid each month and she has to pay back £370. she has now recieved a letter saying notice before legal action is taken,
as far as my daughter who is 18 is concerned she got paid the correct amount for what she worked, what can she do?
Thanks.
George.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long did she work there for?

Customer:

From March 2014 to June 2014

Ben Jones :

Does she have any evidence of what she worked during that time?

Customer:

No i told her to keep a note of hours she worked so i could make sure sure she got paid properly as, she got rid of the note after she left.

Ben Jones :

This would be a factual issue as what she has worked and what she has been paid for would be a question of fact. The issue is that she has not kept track of what she worked and it would not rely on the employer's records, which could be incorrect. If they believe that she has been overpaid there is nothing stopping them from asking for that money and even going to court to pursue it. However, if they go that far they would need to convince the court that she was indeed overpaid. At the same time she can try and provide any evidence to show that she worked what she claims to have worked and to show that no money is owed by her. For example, if she has any witnesses to back up the days she says to have worked she could use that but in the end it would be for the employer to show that they are correct and if there is no evidence on their part to show that then they could struggle to win. But as mentioned, there is nothing stopping them from actually pursuing this if they really wanted to. In the meantime she can ask for any evidence they may have to show that they are right. If it comes to the worst and they take it that far then even if she loses all she would be liable to pay would be the money the court believes she owes them, she would not be responsible for their legal fees for example

Customer:

They have said in the last letter she would be liable for 8% interest from the date of overpayment, court fees and if court judgement is entered against her it may affect her ability to obtain credit in the future.

Ben Jones :

Well, not quite, these are scare tactics - The interest will be minimal, you are looking at 8p a day so hardly anything to be worried about. Also if she pays the judgment in full within a month she will not have any issues with credit, this only happens if she fails to pay it once a court judgment has been entered against her

Customer:

So should she just ignore them and see what they do, i could pay it off now for her but it seems like they are trying it on, scaring a little girl.

Ben Jones :

You could do, there is no guarantee they will go as far as court but if they do then you can always reconsider your position and try to pay it off at any stage or just go ahead and defend it in the hope they simply do not have the evidence to convince the court they are right

Customer:

But it cant affect her present job can it? she works full time now for first direct a credit card centre.

Ben Jones :

no this will not have any effect on her present job, as mentioned her credit rating only gets affected if she fails to pay what she has been ordered to

Customer:

Ok thank you very much for your help Ben.

Customer:

Ps will a copy of this go to my email address?

Ben Jones :

No but you have the following options:

a) If you see a 'share' button and hover over it you can see the option to print.
b) You could copy and paste this conversation into a Word document or equivalent. You can then save and/or print it and refer to it in the future as necessary.
c) This conversation will be stored in your account on this site so you may return to view it or do any of the above at any time

Customer:

Thank you.

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45351
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice