Damaged van at my ex work place

Sansa
Sansa Posts: 15 Forumite
Fourth Anniversary First Post
My ex employer who owes me money is trying to blame me for damaged van.
My employment was terminated in the end of August 2018 and then I worked for the same company as a self employed for 1 and a half months. (bare in mind I had worked for this guys for 5 years all together!!!)
The company still owe me money from this month and a half when I had worked as a self employed and after numerous calls, emails and letters I decided to send them NOTICE OF INTENDED COURT PROCEEDINGS.
This all happens now in May 2019. So he responded sending me a letter from van hiring company dated August 2018 stating that one of the vans is damaged and £6000 need to be paid by the company who says the van was in my possession while damaged witch is not true. The vehicle was used by other people during and outside of working hours. It was insured for company use. Until now no one ever mention to me about this damaged van.
The funny thing is that during my employment I was using my own vehicle for work. The company was paying for petrol and few broken parts. I have all the info on the monthly expenses sheets and was paid in my bank account.
There is nothing in my contract about work vehicle but towards the end of the employment we were asked to sign a document about using companies cars and I did not sign it.
Don't know what to do now. Is he trying to distract me from the fact HE owes me money ( I mean the owner). Should I contact Citizen Advice? They can help only with the van problem but not with the money he owes me.
If anyone can give an advice will be greatly appreciated. Thanks for your time.
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Comments

  • Dox
    Dox Posts: 3,116 Forumite
    1,000 Posts Third Anniversary Name Dropper
    Let the CAB help with the van issue. You can pursue the money you are owed via a Money Claim Online (aka Small Claims Court): https://www.gov.uk/make-money-claim
  • Exodi
    Exodi Posts: 3,699 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Combo Breaker
    For the avoidance of doubt as you seem to omit this; Did you cause the damage in question?
    Know what you don't
  • Sansa
    Sansa Posts: 15 Forumite
    Fourth Anniversary First Post
    I did not damaged the van!
  • DCFC79
    DCFC79 Posts: 40,622 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Wonder what his proof is that you caused it.

    Sounds like tit for that, you sent him the court letter and he's responded with this claim for van damages.
  • nicechap
    nicechap Posts: 2,852 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Sansa wrote: »
    My ex employer who owes me money is trying to blame me for damaged van.
    My employment was terminated in the end of August 2018 and then I worked for the same company as a self employed for 1 and a half months. (bare in mind I had worked for this guys for 5 years all together!!!)
    The company still owe me money from this month and a half when I had worked as a self employed and after numerous calls, emails and letters I decided to send them NOTICE OF INTENDED COURT PROCEEDINGS.
    This all happens now in May 2019. So he responded sending me a letter from van hiring company dated August 2018 stating that one of the vans is damaged and £6000 need to be paid by the company who says the van was in my possession while damaged witch is not true. The vehicle was used by other people during and outside of working hours. It was insured for company use. Until now no one ever mention to me about this damaged van.
    The funny thing is that during my employment I was using my own vehicle for work. The company was paying for petrol and few broken parts. I have all the info on the monthly expenses sheets and was paid in my bank account.
    There is nothing in my contract about work vehicle but towards the end of the employment we were asked to sign a document about using companies cars and I did not sign it.
    Don't know what to do now. Is he trying to distract me from the fact HE owes me money ( I mean the owner). Should I contact Citizen Advice? They can help only with the van problem but not with the money he owes me.
    If anyone can give an advice will be greatly appreciated. Thanks for your time.
    Sansa wrote: »
    I did not damaged the van!

    Presumably your old employer has notified his van insurers of the damage and claim and its them that are taking you to court?
    Originally Posted by shortcrust
    "Contact the Ministry of Fairness....If sufficient evidence of unfairness is discovered you’ll get an apology, a permanent contract with backdated benefits, a ‘Let’s Make it Fair!’ tshirt and mug, and those guilty of unfairness will be sent on a Fairness Awareness course."
  • Sansa
    Sansa Posts: 15 Forumite
    Fourth Anniversary First Post
    No he says he (the owner of the company I was employed) will be taking me to court if I don't agree to forget about my money claim. So basically he say you forget about your money and I am not making a claim for the van.
    But I did not damaged the van! I drove my own vehicle on daily bases going to customers houses etc. He was paying for petrol, parts and tires. Probably I drove the van once or twice for deliveries but the employees who caused the damage were driving it daily to and from work and weekends for 2 years!
    Just for the record I never had any car accidents and have 15 years no claim bonus. He is just making it up now 9 months after I don't work with him because I am pushing for my money back.
    Spoke to solicitor yesterday. They said will cost me a fortune to start communicating trough them and is not worth it for the money he owns me but how is this fair? I had worked hard for this money.
  • lincroft1710
    lincroft1710 Posts: 18,733 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Sansa wrote: »
    Spoke to solicitor yesterday. They said will cost me a fortune to start communicating trough them and is not worth it for the money he owns me but how is this fair? I had worked hard for this money.

    How is what fair?

    If you choose to use a solicitor, you have to pay their fees which actually is fair. You do not need a solicitor to pursue your claim through Small Claims, so you do not have to incur an expensive legal bill.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • Sansa
    Sansa Posts: 15 Forumite
    Fourth Anniversary First Post
    Nicechap, no. Didn't get anything from the insurance company. Just letter from my ex employer.
  • Sansa
    Sansa Posts: 15 Forumite
    Fourth Anniversary First Post
    lincroft1710, sorry maybe I didn't explain it well. Is unfair to be blamed for this vehicle and only after I asked for the money he owes me. That's what I meant.
    Giving money to the solicitors is fair.
  • lincroft1710
    lincroft1710 Posts: 18,733 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Sansa wrote: »
    lincroft1710, sorry maybe I didn't explain it well. Is unfair to be blamed for this vehicle and only after I asked for the money he owes me. That's what I meant.
    Giving money to the solicitors is fair.

    Yes it is unfair, but unfortunately life is unfair. You have started the claims process, so focus on preparing a sound case with plenty of evidence. Also start thinking about the defence you can bring against your employer's spurious claim.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
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