Hello so to clarify were you paid more than you were entitled to at the time?
I am not sure I quite understand the situation? Were you billing for services which should not have been rendered and then profited from that but in the end the company had to reimburse that money to the client so they are saying you were paid for work that was not charged in the end?
ok but do you know if they had to reimburse the client for this work?
it may be best to discuss this over the phone, are you available to talk?
ok no worries, as I am on my way to court I won't be able to respond until later today but if you accept the phone call request I will call when I am out, or I can reply in writing later on
Hello, my apologies for not being able to reply yesterday, my trial ran over by quite a bit and then I had to drive until late.
Anyhow, going back to your query, I have a better understanding of your position now but from what has happened and what the employer has said I do not really see what they expect from you, or in fact, what they legally can ask you to do. OK, so you billed a client for services which you may not have been supposed to but the client paid and from what you have said they did not challenge this and neither did the employer have to pay anything back. So they have not actually suffered any losses as a result. Had they suffered losses as a result of your alleged negligence, for example you did work you should not have and billed the client and got paid, then the employer had to reimburse the client, they would have suffered losses because you should not have been paid for that work. In that scenario they could ask you to repay the payment that you received in error, or if they had suffered any other losses, perhaps ask for a contribution to these (assuming there was shared responsibility).
So the key is have they suffered losses as a result of the alleged negligent billing? If they have not suffered any losses from this, there is not much they can do now – they cannot just penalise you financially because penalty clauses re unenforceable and they can only pursue you for genuine losses incurred as a result of this. You can challenge them to prove any losses they are trying to claim and if they cannot – simply state that there is no liability on your part in the circumstances.
However, if they did have to reimburse the client and this was because you negligently carried out incorrect work, they could ask you to repay money which was paid to you incorrectly.
This is your basic legal position. I have more detailed advice for you in terms of the options they have to take this further in the event losses have been incurred, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Hello Gerhard, thank you for leaving your rating. Luckily courts do not often run over on the day but sometimes on a Friday it is more likely they would as the judge may wish to finish the case on the day rather than postpone it until the following week and this is what happened yesterday.
If you are owed money by them then whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.
2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
Emails are fine, I only mention letter as a generic example but by that I mean something ‘in writing’. In terms of legal representation, whilst I would have gladly helped, unfortunately the terms of this site do not allow me to take on clients through it so my involvement is limited to online correspondence on here I’m afraid
You do not need legal representation at any stage of this - it is entirely up to you if you wanted to get that or you just wanted to represent yourself. You are not expected to know the law and the court will know that you are not a lawyer so it is just about putting your side of the story across and the curt will make the decision based on both side's evidence