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Re: Unjust Enrichment
Hi again,
Don't panic. They aren't trying to lay blame at your door so to speak, they are just stating the facts. It's one department not keeping up with the other that has caused the payment to be made. As you say it is the in-house lawyer who has sent this to you. Probably because they think that hearing from a lawyer will hopefully scare you into suddenly finding the money. I think you may also be reading too much into this as far as sour grapes by C. They have messed up and want their money back seems to be the long and short of it but seem not to be open to negotiating at the moment!
Your description of your circumstances above explains the situation clearly and I would suggest a response to the letter along those lines may help.
I appreciate that you have probably already said these things to C but by responding to the pre action letter, setting out the facts as they have in their letter and explaining why you are not in a position to pay the whole sum back in a lump sum, would be helpful.
Explain your family situation and the facts that lead up to this confusion. I would also explain why you believed the amount was due to you (having not checked the statement at that time), that you were on a fixed term contract which you had short notice would be ending, hence you applied for the job at C. Explain how once your fixed term contract ended, your salary reduced at your current company, and your job was no longer available, hence the application to C. You were then offered a new job on better terms at the current company, so your salary would return to the level it was while you were on the fixed term contract etc etc
Explain the payment dates of the 2 companies and why you thought the payment was from your current employer, having only looked at the balance and not the bank statement and not having received anything in writing, confirming the date your employment with the current company would recommence. I would then state that you had hoped that this matter could be settled sensibly without the need for Court proceedings, having offered to settle at numerous stages prior to this letter and having in fact chased C to deal with the issue (if that was the case). Treat it like you are talking to someone completely new who hasn't been involved and may not have seen the previous correspondence from others you have had contact with.
I would then set out the offer you are making to repay the amount they wish to claim. I would set out exactly why this is the maximum you can offer. Explain that you have sought advice on this and having gone through your income and outgoings that this is the maximum amount you can afford.
You can say you have previously offered to make monthly payments but this was not accepted. Bearing in mind your change of position you have no other way of dealing with the issue. I would then give them 21 days to confirm their acceptance of this offer (why ask for their views?)
I suspect that the finance dept has contacted the in house lawyer who will start the ball rolling. They may not have seen previous correspondence and are not aware of the full picture. However the in house lawyer will also be providing his advice on what C should be doing and will provide them with a cost benefit analysis no doubt on the cost or potential costs to C of taking any particular action.
They may of course not accept the offer and insist on issuing proceedings. It is up to them of course but bearing in mind the facts surrounding this mistake, and the fact you have tried to settle the matter and provided you are able to back up everything with formal documents, bank statements etc then you may have an good argument.
I would recommend that you do obtain some face to face legal advice if this does become an issued claim. It may not be necessary to have a lawyer acting in the whole matter for you but just to check you have covered all bases particularly in any defence. If at all possible, it would be sensible. You may find some other advice on the forum from people who have had this sort of claim issued against them, who may be able to assist further too.
Hopefully this helps in the meantime.
Hi again,
Don't panic. They aren't trying to lay blame at your door so to speak, they are just stating the facts. It's one department not keeping up with the other that has caused the payment to be made. As you say it is the in-house lawyer who has sent this to you. Probably because they think that hearing from a lawyer will hopefully scare you into suddenly finding the money. I think you may also be reading too much into this as far as sour grapes by C. They have messed up and want their money back seems to be the long and short of it but seem not to be open to negotiating at the moment!
Your description of your circumstances above explains the situation clearly and I would suggest a response to the letter along those lines may help.
I appreciate that you have probably already said these things to C but by responding to the pre action letter, setting out the facts as they have in their letter and explaining why you are not in a position to pay the whole sum back in a lump sum, would be helpful.
Explain your family situation and the facts that lead up to this confusion. I would also explain why you believed the amount was due to you (having not checked the statement at that time), that you were on a fixed term contract which you had short notice would be ending, hence you applied for the job at C. Explain how once your fixed term contract ended, your salary reduced at your current company, and your job was no longer available, hence the application to C. You were then offered a new job on better terms at the current company, so your salary would return to the level it was while you were on the fixed term contract etc etc
Explain the payment dates of the 2 companies and why you thought the payment was from your current employer, having only looked at the balance and not the bank statement and not having received anything in writing, confirming the date your employment with the current company would recommence. I would then state that you had hoped that this matter could be settled sensibly without the need for Court proceedings, having offered to settle at numerous stages prior to this letter and having in fact chased C to deal with the issue (if that was the case). Treat it like you are talking to someone completely new who hasn't been involved and may not have seen the previous correspondence from others you have had contact with.
I would then set out the offer you are making to repay the amount they wish to claim. I would set out exactly why this is the maximum you can offer. Explain that you have sought advice on this and having gone through your income and outgoings that this is the maximum amount you can afford.
You can say you have previously offered to make monthly payments but this was not accepted. Bearing in mind your change of position you have no other way of dealing with the issue. I would then give them 21 days to confirm their acceptance of this offer (why ask for their views?)
I suspect that the finance dept has contacted the in house lawyer who will start the ball rolling. They may not have seen previous correspondence and are not aware of the full picture. However the in house lawyer will also be providing his advice on what C should be doing and will provide them with a cost benefit analysis no doubt on the cost or potential costs to C of taking any particular action.
They may of course not accept the offer and insist on issuing proceedings. It is up to them of course but bearing in mind the facts surrounding this mistake, and the fact you have tried to settle the matter and provided you are able to back up everything with formal documents, bank statements etc then you may have an good argument.
I would recommend that you do obtain some face to face legal advice if this does become an issued claim. It may not be necessary to have a lawyer acting in the whole matter for you but just to check you have covered all bases particularly in any defence. If at all possible, it would be sensible. You may find some other advice on the forum from people who have had this sort of claim issued against them, who may be able to assist further too.
Hopefully this helps in the meantime.
and the thief labelling... quite publicly.... horrid time and I was farting about being all principled because I was angry, and almost ended up with a CCJ. ( and it was only something like £200 lol )
) and the CCJ for 6 years unless you pay the whole lot within 28 days.
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