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 JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11272
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

Hi I have recently left my work, I worked as a cook in a nursery

Customer Question

Hi I have recently left my work, I worked as a cook in a nursery I put my child intro the nursery and my boss told me I tht my fee would reflect wht I was getting from tax credits, so I paid my fees but my tax credits where reduced and I could not afford child care so I started to forget to pay but my boss never said anything i'd worked there 2 years and never got any paper work from my boss for fees, I have recently found new employed and 2 months on I have just recevied a call from sheriff's office with a civil action against me saying I owe £14000 what are my rights I have had no paper work or my boss has never asked me for anything untill I left the company, I hav2 never been approach for money untill phone call from sheriff's office
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.Are you saying that it was originally agreed that the fees to be paid by you for childcare would equate to the tax credits received by you? And were there any discussions at all about fees after you decided to stop paying them?
Customer: replied 4 years ago.

Nothing was on paper was verbal boss told me there would be no point me giving her all my wages, it was my own pride not going to her and telling I couldn't not afford to work with her anymore so and just continued working, and because she never said anything to me noone did in the office from the very start even when I went to part time with company she never gave me any new statement to adjust fees I have had nothing untill I decided to look for me job tht didnt need childcare

Customer: replied 4 years ago.

If this went to court have I any chance of winning or am I better speaking to boss and coming up with some kind off arrangement?

Expert:  JGM replied 4 years ago.
There is nothing to say that your boss intended that you should get free nursery services. Just because you weren't asked at the time doesn't mean that the charges weren't due. On the other hand it is very strange that they only decide to pursue you after you leave almost as a penalty for leaving.

I would seek a meeting and try to come to some kind of arrangement but take the stance that the court might find that they are personally barred from pursuing you therefore their case is not at all watertight.

You may be able to negotiate a settlement.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 4 years ago.

What does personally barred from perusing from me mean


 

Expert:  JGM replied 4 years ago.
It means they placed you in a position that you assumed that they were not charging you the fees therefore they should not now be allowed to pursue you. By their actions they agreed by implication not to charge you.
Customer: replied 4 years ago.

So do you think I have a good case, would you advise me in speaking to citzen advice


 

Expert:  JGM replied 4 years ago.
Better see a lawyer if they are suing you. You may qualify for legal aid.