Ex-employer chasing study expenses

CKhalvashi

I'd say there's very little chance of them having a case here, too, especially as you didn't agree to it beforehand.

Clive_Woody

DandelionPatrol wrote: »

Something a little bit Freudian about posting this on the 'Loans' forum, but never mind.

RJH88, you are up the pole on this one trying to argue under the Consumer Credit Act. Even if you did owe them, it would not be under consumer credit.

As I understand it, they need an explicit signed agreement from you to enforce a clawback. More and better advice if you post on the employment forum, because your issue is primarily related to employment.

Definitely agree.

On a similar theme I joined a company that offered me a sign-on bonus but with this came a clear term that if I left within the first 2 years it was repayable in full on leaving the company. I had to sign that I agreed to this before the payment was made.

RJH88

I agree, my thinking for this was because I was being chased for 'an outstanding invoice' with a debt collection agency.


I agree with everyone that they have no case for this, I will follow the advise received here and tell them to take it to court.

Does anyone have experience on whether I would actually require proper legal representation or would I be able to defend myself?

DUTR

retepetsir wrote: »

Well - did you undertake the course and then leave before completing, or something similar? If you did go for the training then I'm not sure you can wiggle out of it?

This sounds correct, when I left my previous employer to join my current employer, I had to repay the college course fees, it was near a month's salary at the time, I repaid it as I remember doing some fact finding at the time, and it was less agro to repay and after all I had gained some career advantage qualifications.

shortcrust

I'm quick to call it on here if it sounds like people are trying to simply wriggle out of their obligations. This is very different. Organisations cannot and should not make arbitrary decisions about who's obliged to pay for things, and then pretend there's a legal basis for those decisions. It looks to me like that's what this company is doing and I'm glad they're not going to get the OP's cash.

DUTR

shortcrust wrote: »

I'm quick to call it on here if it sounds like people are trying to simply wriggle out of their obligations. This is very different. Organisations cannot and should not make arbitrary decisions about who's obliged to pay for things, and then pretend there's a legal basis for those decisions. It looks to me like that's what this company is doing and I'm glad they're not going to get the OP's cash.

I think you and the OP may need to dig further, as my incident was 26 years ago, so it's not a new thing, likewise with annual leave it is pro rata.

shortcrust

DUTR wrote: »

I think you and the OP may need to dig further, as my incident was 26 years ago, so it's not a new thing, likewise with annual leave it is pro rata.

You don't necessarily have to pay money to people just because they say so. I don't know the details of either case, but there's nothing in the communications reported by the OP that even hints to me that they need to pay. I've signed things in past that explicitly state that I am responsible for various costs if I leave a job before a certain date. I think that's what the company would need and that's what it appears they didn't get.

RJH88

Just received a court summons regarding this after I stated I did not believe I was liable and would not pay anything to my ex-employers or DCA, obviously I am going to dispute this.

Does anyone have any good advise for me?

andyfromotley

Stick to your guns, i recall the original thread, I have never thought that they had the right to claim back the money. I would consult a solicitor, for a couple of hundred quid you should get a fairly definitive answer and hopefully a win!

DUTR

RJH88 wrote: »

Just received a court summons regarding this after I stated I did not believe I was liable and would not pay anything to my ex-employers or DCA, obviously I am going to dispute this.

Does anyone have any good advise for me?

Yup, pay the money back and move on, at least you know then for anyone else in a similar situation.