Ex-Employer chasing course fees

shortcrust

Vectis wrote: »

So, you're still studying on the accountancy course which the company has paid for?

Why do you think you shouldn't pay for it having now left the company? Why do you think the company should pay for something that is of no benefit to them now that you've left?

I'd be really surprised if you haven't signed something, maybe an agreement after your initial contract of employment. Either way, if it was me I'd pay for the course as it was me who was going to get the qualification.

The OP seems very sure they didn't sign anything. If that's true, I've got no sympathy for the company. It's their problem, not the OP's. They've been slack with their paperwork and now they're going to pay a price for it. If I were the OP I'd be looking to get the money back that was deducted from their final pay.

Marktheshark

It is a tax deductible expense.
Tell the debt firm you have no contract with them or the firm to pay anything so therefore no debt to collect.
Instruct them the debt is denied and to pass it back to the client or face a harassment claim in the court.

PS Inform them any further correspondence they send you have to answer will be a a rate of £18 per hour plus stationary as County Court Litigant expense rates.
If they do not accept the charge do not service the contract by sending further threats.

RJH88

My ex-employer or the debt collection?

I have just sent a letter to the DCA asking for the true agreement with terms and conditions, obviously there is none. Does it matter that they are stating its to do with an 'outstanding invoices'? I know there are some exemptions which the CCA 1974 does not cover, can I even be considered 'Customer' as the dispute is with my ex-employers?

BobQ

I would write to them stating that unless they can produce evidence that you agreed to repay the fees and the conditions under which this apply, you regard the deduction as illegal and will take them to the small claims court.

I do not believe debt collectors have any authority in this matter unless they have obtained a court order which would have required you to be notified and given an opportunity to contest the matter.

Unless the employer has authority to make a deduction, you have a claim for Unlawful Deduction of Wages https://www.gov.uk/understanding-your-pay/deductions-from-your-pay

In short unless they have legal defence (such as a signed agreement allowing it), any deduction is unlawful.

I take it you are not a member of a trade union?

RJH88

No court order paperwork received, just an email from the DCA Wednesday stating payment in 7 days required, followed by an email 2 days later stating immediate payment required (?) and some letters in the post stating as they are a credit reference agency and will register 'my outstanding debts' in default.

As i said previously I did not sign anything, just an email from HR before I left saying what I allegedly owed, which included my season ticket loan (which I accept and accept has been paid back with the deduction from my final salary, but would only amount to £220, but was deducted monthly from my salary anyway).

The unlawful deduction claim is something I will consider, but I first want to be confident in the fact the will not have the legal right to force me to pay the what they say is still outstanding which is still over £2000

I am not a member of a train union

David301

what is the debt collection agency called?

RJH88

Moreton Smith

Marktheshark

Send them the warning letter, by post with a certificate of postage which is free, then start invoicing them for every reply afterwards, at least 3 hours at £18 an hour plus stationary costs.

BobQ

I suspect that what you are receiving are invoices from a firm employed by your ex-employer. As suggested, tell them you dispute the invoice without evidence the money is due. They will then have to take you to court to recover the debt. Unless they do they are harassing you. Could ask CAB.

Whatever wage deductions they made, they are either lawful or not. If you agreed to them they are lawful. But without legal authority they are unlawful.

chanz4

it wouldn't be a CCA, its not a credit agreement.