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 Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

Thanks opportunity. Several years ago, I worked

Resolved Question:

Hi. Thanks for this opportunity.
Several years ago, I worked for Royal Mail for several months. I left in 2012. During the time I was employed, I took some time off, and Royal Mail continued to pay me. When I returned, I was informed that this payment was an error, and they had overpaid me. My manager told me I needed to work for a few weeks without pay, and I did so. I was unaware that when I left working for Royal Mail, there was still money in my favor that they had overpaid me.
I received some 10 days ago a very menacing letter from a Credit Style Limited company, demanding me to pay a certain sum of money, claiming they had been instructed to do so by the Royal Mail. Today, I received another letter, from a Solicitor's firm claiming that I have failed to make the payment after several requests to do so (a lie), and that if I do not pay the full amount, they will issue a claim against me in the County Court immediately thereafter (in 5 days). The legal action will include a claim for fees, costs and interests pursuant to section 69A of the County Courts Act 1984 and will be issued without further notice to you.
My question is: Can they sue me without having any proof whatsoever that I did receive the letters and warnings? They were simple letters without signature required. Besides, of course, being outrageous in how they are proceeding, specially since it has been 3 years and the amount that RM is claiming is 5 times more than what should be claimed.
I ignore how the judicial system works in this country, but since there is no actual proof that I did receive the letters, then I wonder how should I proceed, keeping my best interest in sight.
I am more than happy to pay the amount that I was overpaid, but they are claiming I owe them five times more than what I was overpaid, when they never asked me to pay the exact amount that I was overpaid. I was never informed at the time that I left that I owed them anything.
Thank you.
Many thanks.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Yes they can sue you without having receipt of the letters by signature. The requirement is that they send them by first class post only.
If it goes to Court and you say you didnt get anything, they will produce the letters to the Judge. All they have to show is that on balance they were post, so is it more likely than not. It makes no difference whether at the time you left you owed anything, if you accept you do, then any defence will sadly fail.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Thank you. At this point, what should I do? Should I contact the solicitor who sent me the letter directly, and ask them why they say I owe Royal Mail this amount? Is there any way that contacting the solicitor directly could be detrimental?

Expert:  Ash replied 2 years ago.
No, that is fine. If you accept you owe it say you are willing to pay by instalments.
Alex
Ash and 4 other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

Related Law Questions