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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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My ex employer is threatening to take me to court over a repayment

Resolved Question:

My ex employer is threatening to take me to court over a repayment of a commission smoother, they offered a monthly repayment amount which I couldn't afford, I offered a lower amout(£30 lower) which they say was a "derisory" offer and if the full amount is not paid in the next 2weeks they will take me to court, I have offered to show them my financials bug they haven't taken me up in that, this has been going on 6 months...what should I do?
Submitted: 1 year ago.
Category: Law
Expert:  Alice H replied 1 year ago.
What is the total amount they are seeking to recover?
Customer: replied 1 year ago.
£5700
Expert:  Alice H replied 1 year ago.
Are you working at the moment? And how much do they want from you monthly?
Customer: replied 1 year ago.
Yes I'm working, they wanted £150 per month which in hindsight I should have taken, the reality is my finances are a mess and I just could afford it, I told them about my situation but in their last correspondence they feel because LinkedIn says I'm an area sales director(just a title) I should be about to pay more, I'm on a debt management scheme and my credit rating is very poor...
Expert:  Alice H replied 1 year ago.
The reality of the situation is that they don't have to accept your offer of £30. At that rate it will take over 15 years to repay the debt - so their stance is not unreasonable. If you cannot pay in full or make an offer which will be accepted then the company could sue, the advantage for them is obtaining a judgment and getting the set a repayment amount which if not adhered to could result in enforcement activity. I would suggest that you send the company full details of your income/outgoings and evidence of your inability to pay. If they can see that you really are in dire straits they may be willing to negotiate a short term deal and review every six months or so. You might also want to point out to them that even if they get judgment that does not mean they will get any money bearing in mind that you are already in a DMS.
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