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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3844
Experience:  Solicitors 2 years plus PQE
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I have received an email from a previous employer with the

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I have received an email from a previous employer with the title 'unauthorised use of card'.
My position in the business was General Manager and I was running this business for the owner for 2 years. The period that is stated in the email is during the time the owner was overseas in India and I was left with full responsibility of running the business with full authorisation of making payments as this was part of my job. To get to the point I have not worked for this business since December 2015 and in October 2015 I upgraded a design package for use for this business and the owner is now trying to charge me for the full years subscription. What is my position in this? Thanks for your help!
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Was the subscription taken out in your name? When you received the corporate card, did you sign any terms and conditions with it? Kind regards AJ
Customer: replied 2 years ago.
Hi yes the subscription was in my name as was a lot of things and no I didn't sign anything Thanks
Customer: replied 2 years ago.
Just to be clear it was in my name but also with the company name added but my email address was used.
Hi, Thank you. Was the subscription fully paid for up front? I would write back to him and say:- You deny any liability for this:- It is a service his company benefits from;- You never accepted liability for the subscription;- Say it is a criminal offence to harass someone for money they do not owe under S.40 of the Administration of Justice Act 1970 - if he continues to chase you, you will report him to the police and hold him responsible for any costs incurred in obtaining legal advice. If he chooses to then sue you, that is his prerogative, but he will have to prove you unlawfully incurred this expense and your contract allows him to recover it. If he cannot prove this you will be able to defend any claim.Kind regards AJ
Customer: replied 2 years ago.
Thank you, ***** ***** make any difference that I was self employed with no contract?
Hi, Thank you. Not really, as long as you were authorised (whether implied at the time, or expressed) to incur the expense then you should not be liable for it.
Customer: replied 2 years ago.
The subscription was on a monthly payment from the business account and when I left the job I offered it to another employee but did not need it. I had full authority to make payment during the course of running this business.
Customer: replied 2 years ago.
Also because they have removed their card details from the payment plan the remained of the payments are now being charged to me. Can I tell them about this and get them to pay me?
Hi, Thank you. If the company are paying it and are responsible for it, it is their responsibility to cancel it. If you are now being charged, then you need to cancel the account as soon as possible - I would say to this company that you entered into the account on behalf of the business and never personally guaranteed payment of the fees.
Customer: replied 2 years ago.
Yeah I've done this and they are trying to charge me 50% of the rest of the subscription for cancelling! To be honest I'm not really that bothered about that bit but if I come to an agreement about this and put forward that if they stop hassling me and pay what they should I'll take the remainder, or does this put me in a weaker position?
Hi thank you. If you want to make that offer and not weaken any claim you have in future - send it under a separate letter and title it "without prejudice save as to costs". This allows you to make admissions without risking those admissions going before a court if you ever made a claim. Kind regards AJ
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