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Letter Before Court from old employer...

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Letter Before Court from old employer...

edited 30 November -1 at 1:00AM in Employment, Jobseeking & Training
11 replies 1.9K views
MWillMWill Forumite
2 posts
edited 30 November -1 at 1:00AM in Employment, Jobseeking & Training
Afternoon,

Long time lurker first time poster - unsure if this is in the correct section so please move if I've done it wrong!

I left my old employer last summer to set up a business doing something similar - the obviously weren't best pleased about that.

I was still in possession of a work laptop & company phone. I received a letter from the company requesting the items to be left with the security services at the entrance of the site. I did this, but stupidly did not get any of the to sign for receipt.

I received an invoice from the company for the items in question - phoned the FD of the company who told me he would look into it and revert - never heard anything from him after that.

I have now received a "Letter of Claim". Unsure if this is a real LBC.

Am I screwed because I didn't get a receipt for the items? In the same vein - I never signed for the items when I was an employee so can they prove I actually had them?

Thanks
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Replies

  • JackandnJackandn Forumite
    23 posts
    Hi OP

    If your unsure if it's real or not you should contact the company via phone or email via the companies own website (not from the letter) to confirm that it is real. Even if this is just a letter from the company it comes with intent and may be worth finding out how much they are claiming for these items i.e what would be the total cost so you have a worse case scenario in your head.

    It sounds like you are making two different arguments that contradict each i.e no proof I had them followed by but I returned them (but you have no proof you did so) so only use one of those arguments formally or you would look very silly and help your old employer in court.

    Given that you don't have the items to give them I would go to somewhere like citizens advice to get more formal advice. You should be able to evidence that you did ring the FD or someone in the company round the time of the invoice via your phone bill which should have the number. In future it may be best to have these conversations in writing (via email) so that you have a record of your actions.

    Sorry I can't be of much more help
  • edited 10 July 2018 at 2:01PM
    DCFC79DCFC79 Forumite
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    edited 10 July 2018 at 2:01PM
    Surely you used them so they could well know you had the items.
  • BrynsamBrynsam Forumite
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    Phone the FD, remind him of your previous conversation and ask him what's going on.
  • MWillMWill Forumite
    2 posts
    Jackandn wrote: »
    Hi OP

    If your unsure if it's real or not you should contact the company via phone or email via the companies own website (not from the letter) to confirm that it is real. Even if this is just a letter from the company it comes with intent and may be worth finding out how much they are claiming for these items i.e what would be the total cost so you have a worse case scenario in your head.

    It sounds like you are making two different arguments that contradict each i.e no proof I had them followed by but I returned them (but you have no proof you did so) so only use one of those arguments formally or you would look very silly and help your old employer in court.

    Given that you don't have the items to give them I would go to somewhere like citizens advice to get more formal advice. You should be able to evidence that you did ring the FD or someone in the company round the time of the invoice via your phone bill which should have the number. In future it may be best to have these conversations in writing (via email) so that you have a record of your actions.

    Sorry I can't be of much more help

    Yes, wondering which argument to use.

    It's only for about £500 so not a massive some of money, more the principle given that I actually gave the items back. Also with the value not being huge I am slightly loathed to pay for legal advice - might be more expensive than the initial sum!


    As for the use of the items - possibly but it comes down to proof?
  • steampoweredsteampowered Forumite
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    You should write a letter back in response.

    You can phone as well, but even if you phone you must still write a letter. The court rules require you to do this.

    The letter could be quite short - it would simply state that you deny liability for the claim because the items have been returned. Very briefly explain the circumstances - e.g. that the items were left with security as requested by the employer.

    If the employer decided to take it further, the judge would have to decide whether the items were returned on a balance of probabilities or not. As it does not seem there is any evidence documenting that the items were returned it could go either way.
  • MarkN88MarkN88 Forumite
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    Security services at the entrance.

    Are their no cameras there?
  • KateBobKateBob Forumite
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    Have you tried calling your old work mobile number?

    If your work is like most they won't have bothered getting a new number for any new employees and will just have recycled yours and almost certainly the phone too.

    If someone answers ask them.
    If work try to claim they got a new SIM for the number ask for proof.
    Kate short for Bob.

    Alphabet thread High Priestess of all things unsavoury

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  • statorstator Forumite
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    If they told you to leave the items with security then I recon the case will go your way.
    Changing the world, one sarcastic comment at a time.
  • sangie595sangie595 PPR
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    stator wrote: »
    If they told you to leave the items with security then I recon the case will go your way.
    Based on what? The OP has no evidence that they left the items with security. Anyone can say they left something with security - why would a court believe them if they can't prove it? I'm still hoping security return that £20k I left with them, even though I have no evidence I left it with them....
  • statorstator Forumite
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    sangie595 wrote: »
    Based on what? The OP has no evidence that they left the items with security. Anyone can say they left something with security - why would a court believe them if they can't prove it? I'm still hoping security return that £20k I left with them, even though I have no evidence I left it with them....
    Based on the fact that the OP followed their instructions. If the OP can provide the date/time of the dropoff, then it would be up to the employer to prove that nothing was dropped off at that time, via CCTV.
    Changing the world, one sarcastic comment at a time.
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