Serious Help!!

LittleVoice

Clients don't pay agencies ten times the amount that the temp receives, so if the OP's orignal calculation is reasonably accurate about the amount of excess time/payment received is correct, they would not have paid £10K for £1K of work. Perhaps the agency got their sums wrong!

They can't say that all the money they paid - for legitimate time as well as the over-claim - has to be repaid to them.

Is it a branch of a national company or a one-branch agency?

CouponWoman

Hi worried 1

I think your employer is trying it on with you. They will obviously have a mess to sort out with the wages dept but its something that happens. In fact sometimes its the other way round, and an employee is underpaid.

Would an employee call in the police to recover an underpayment, I think not. The police would not become involved, and would probably refuse to get involved if your employer contacted them.

The best thing is to get yourself on the sick and sort your benefits out. If you are a single mum, you might claim income support. If you do this you will be entitled to see a solicitor free of charge who will be able to write to your employer on your behalf and help sort this out.

Don't panic just because the employer said they want £10,000. They would have to justify this and they simply would not get away with it if they took it further.

Ask your friend to contact them again, and get her to inform your former employer that as you are ill you are unable to attend a meeting to discuss the problem. Get her to ask for them to put an explanation of the amount in writing so that you can check it against your own records.

Then take all your papers to the solicitor and get his help. Believe me they will of dealt with these problems before.

If you don't claim income support check your house contents insurance in case you have legal expenses insurance. If you do you will be able to contact a solicitor, again free of charge, via your policy.

If you cannot get free legal advice this way, go to the CAB and see if they can recommend a legal advice clinic or law centre to assist you.

Try not to make yourself feel any worse.

Good luck, hope your employer is a little more reasonable next week.

CouponWoman

Oh by the way, where I used to work we occasionally had to get a temp and the agency charged almost double the amount the temp was paid.

worried_1

I was employed as an Administrator, and was on an hourly rate of £14p/hr, but wouldn't say my role was specialised. There were two occasions from what I can recall, where the Agency overpaid me by mistake and I did not know anything about this until I noticed deductions being made from my wages, this was before the whole incident took place, and it placed a very huge strain on my finances. And I do recall a time where the Agency said they made quite alot of money from me, and this was when they admitted that they invoiced an incorrect amount to the employer.

@cfc- Yes when I was fired, that was the time I was going through health issues and I admitted to them what I had done, but this was never done deliberately or with malice.

@little voice - they are a branch of a national company.

I am currently on Incapacity benefits, and want to set up a standing order/or send cheques to the Agency so that they can see that I am serious about paying them back, and when I do eventually get better and hopefully find a job I would increase the payments. But as it stands they are not willing to budge, so just feel like I am in limbo.

nexuss

Sign on for JSA asap then seek legal and mental health advice.The agency may go down the civil route in court but you may get legal aid if on JSA.

worried_1

Just a quick update with the case. Someone from Community Legal Services contacted me yesterday morning and I explained the entire situation.

She stated that there is nothing that she could do as it was something that would have to be sorted out with myself and the Agency. She also said it was unlikely that they would call the Police, but could still do so if they wish.I told her about my health issues and that I really want to resolve this problem as amicably as possible and pay back what I owe, and that my main concern was the £10,000 that they think I owe. All she said was that it was a case where I would need to go into the Agency and "prove" that I don't owe this amount of money as they could have gotten the figures wrong, but she also said that if in the end the Agency say that I owe that amount then I would have to pay it back and come to some sort of arrangement, or they could decide to take me to court to recover the amount, and then I would be liable for their court costs.

I have since emailed the Agency twice and I also remember emailing them last week Friday,as my friend said that she could make the time to come into the office with me anytime this week, but the Agency have still not replied back to the emails that I have sent. I am still in Limbo and although I'm not 100%, I just want to tackle this head on. I don't know if I should just turn up there with my friend, or wait for them to send me an email.

Just the thought of owing £10,000 which I know isn't right is making me ill.

mrcow

You don't owe them £10000.

It's ridiculous. The next time they contact you, insist that they send you a full and complete breakdown of how they are getting to this figure.

And go and speak to a solicitor and go through them from now on.

Arteller

worried_1 wrote: »

Just a quick update with the case. Someone from Community Legal Services contacted me yesterday morning and I explained the entire situation.

She stated that there is nothing that she could do as it was something that would have to be sorted out with myself and the Agency. She also said it was unlikely that they would call the Police, but could still do so if they wish.I told her about my health issues and that I really want to resolve this problem as amicably as possible and pay back what I owe, and that my main concern was the £10,000 that they think I owe. All she said was that it was a case where I would need to go into the Agency and "prove" that I don't owe this amount of money as they could have gotten the figures wrong, but she also said that if in the end the Agency say that I owe that amount then I would have to pay it back and come to some sort of arrangement, or they could decide to take me to court to recover the amount, and then I would be liable for their court costs.

I have since emailed the Agency twice and I also remember emailing them last week Friday,as my friend said that she could make the time to come into the office with me anytime this week, but the Agency have still not replied back to the emails that I have sent. I am still in Limbo and although I'm not 100%, I just want to tackle this head on. I don't know if I should just turn up there with my friend, or wait for them to send me an email.

Just the thought of owing £10,000 which I know isn't right is making me ill.

They would need to prove to a court you owe £10,000 to obtain an order for you to pay it back (a CCJ), the burden of proof lies firmly on the claimant (them), I would cease communicating with the person who advised you that you need to prove to the agency you don't owe the money, total !!!!!!!!.

kelloggs36

If taken to Court, the Court would want evidence of the amount you owed and they would have to produce it. They can't just make up figures, so it has to be based on something. You are entitled to know what you are being accused of and how they have reached their figures.

Shame you aren't an MP, as you could claim it was an accounting error, pay it back and hey presto - nothing more said about it!!! It's the normal people who pay the price for the same misdemeanours.

LinasPilibaitisisbatman

1000/14 is 70 hours or 2 weeks

You were clearly at it and deserve everything you get. its also worth saying if you were on 14 ph then the organisation likely paid 30 ph to the agency