Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. What compensation and losses specifically are they claiming for, what are the claiming they have lost?
OK, a rather large claim by the looks of it. You are correct that the employer cannot just claim for things they have not lost. They cannot penalise you for what you did if they have not suffered actual losses as a result. So to just approach you and quote a figure without any proof or justification is so far just opportunistic on their part. You have every right to challenge them over this and ask that they provide clear evidence of how these costs were arrived at and prove that they resulted as a direct consequence of your actions and that they were unavoidable and not possible to mitigate against. At this stage all the debt recovery company can do is be a nuisance and ask you to repay or make threats to take it further. They cannot force you to pay anything. Only a court can do so and that is once the employer has issued a formal claim, been able to justify these losses and convinced the court that they are genuinely due in the circumstances. That is a long way away for now and they would need to provide the evidence to back up such a claim in the form of proving that such losses were genuinely incurred by what you did.
I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Hi if you need drafting of a reply then that would be a premium service and charged extra. We are only a Q&A forum otherwise. I can send over a quote if needed. Otherwise you can get a reply drafted yourself and I can check it over and make any small corrections which would be included in the initial fee. As to replying to them they can set whatever deadline they want. It does not have to be from the date you received the letter and also replying on rather than before he deadline makes no difference in reality
Thank you, ***** ***** certainly look at this for you and make any comments that are required. Would be grateful if you could please leave your rating for the initial response and then I can deal with this part as a follow up query at no extra cost. Thank you
Thank you, ***** ***** amended version below:
Thank you for your letter. I strongly dispute the claims you have made and wish to point out the following in response:-
1. My actions which led to me no longer being employed by your client and which you are now trying to claim for did not result in your client incurring any losses. The reasons for the investigation and my subsequent resignation were linked to corporate hospitality, which I received by third party suppliers, and not your client.
2. You mention damage to a company car. There was no damage to my company car, other than normal wear and tear. No mention of any such damage was made in the letter I received from your client's HR Department when they accepted my letter of resignation.
3. Your letter mentions that the incidents of misconduct were identified on 1 July 2016. This is incorrect and they were actually identified on [DATE]
4. The amount of the claim is exorbitant. I would ask you to provide a detailed breakdown of how you have arrived at a figure of £100,662.47. Your explanation that it covers compensation for investigation costs, security costs and administration costs is inadequate and unreasonable.
I would also add that I have sought legal advice and have been advised that your client is unable to claim for losses which they have not sustained, which would include any benefits received from suppliers. Trying to pursue me for costs or losses which have not been incurred through my actions and which could not have been mitigated would be akin to applying a penalty clause and would be unlawful. I therefore reiterate again that I strongly dispute your claim and would require a full and detailed itemisation of the costs you are claiming.
I look forward to hearing from you.