Ask a Law Question, Get an Answer ASAP!
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long did she work there for?
From March 2014 to June 2014
Does she have any evidence of what she worked during that time?
No i told her to keep a note of hours she worked so i could make sure sure she got paid properly as, she got rid of the note after she left.
This would be a factual issue as what she has worked and what she has been paid for would be a question of fact. The issue is that she has not kept track of what she worked and it would not rely on the employer's records, which could be incorrect. If they believe that she has been overpaid there is nothing stopping them from asking for that money and even going to court to pursue it. However, if they go that far they would need to convince the court that she was indeed overpaid. At the same time she can try and provide any evidence to show that she worked what she claims to have worked and to show that no money is owed by her. For example, if she has any witnesses to back up the days she says to have worked she could use that but in the end it would be for the employer to show that they are correct and if there is no evidence on their part to show that then they could struggle to win. But as mentioned, there is nothing stopping them from actually pursuing this if they really wanted to. In the meantime she can ask for any evidence they may have to show that they are right. If it comes to the worst and they take it that far then even if she loses all she would be liable to pay would be the money the court believes she owes them, she would not be responsible for their legal fees for example
They have said in the last letter she would be liable for 8% interest from the date of overpayment, court fees and if court judgement is entered against her it may affect her ability to obtain credit in the future.
Well, not quite, these are scare tactics - The interest will be minimal, you are looking at 8p a day so hardly anything to be worried about. Also if she pays the judgment in full within a month she will not have any issues with credit, this only happens if she fails to pay it once a court judgment has been entered against her
So should she just ignore them and see what they do, i could pay it off now for her but it seems like they are trying it on, scaring a little girl.
You could do, there is no guarantee they will go as far as court but if they do then you can always reconsider your position and try to pay it off at any stage or just go ahead and defend it in the hope they simply do not have the evidence to convince the court they are right
But it cant affect her present job can it? she works full time now for first direct a credit card centre.
no this will not have any effect on her present job, as mentioned her credit rating only gets affected if she fails to pay what she has been ordered to
Ok thank you very much for your help Ben.
Ps will a copy of this go to my email address?
No but you have the following options:
a) If you see a 'share' button and hover over it you can see the option to print. b) You could copy and paste this conversation into a Word document or equivalent. You can then save and/or print it and refer to it in the future as necessary.c) This conversation will be stored in your account on this site so you may return to view it or do any of the above at any time