Wages withheld by Postmaster

[nellie123]

That’s disgusting. So with no evidence a solicitor has demanded in writing that your wife pays the money back within 14 days or face court action. I’m not qualified in any way shape or form to give you a legal response, but, that said, if it were me I would be asking the solicitor to provide me the evidence within 14 days that proves your wife indeed owes this money and if no reply is forthcoming, report him/her to the relevant standards who deal with solicitors.

Thank you for your answer which is very welcome at this time. We have a few irons in the fire at the moment as it is totally p g me off now. If anyone out there can help us please do.

[nellie123]

This link might provide interesting reading. especially seeing whose website it is!
https://www.peninsulagrouplimited.co...-for-mistakes/

very interesting reading but the clock ticks

[des8]

A response to the solicitor warning him that any claim will be vigorously defended and a counter claim lodged for the illegally withheld wages, which are required to be paid in full within the same time frame to avoid court action.

He sounds like a bully and needs to be treated with contempt

[nellie123]

We started the process with ACAS 1 day prior to us receiving the solicitors letter.Obviously the concilliation progress is not going to work due to the aggressive manner in which the letter was written.Will our claim now be forwarded to an employment tribunal or will we have to adhere to the solicitors letter and go to court.

[ULA]

My view is that they are just trying to bully you, at the end of the day the solicitor is a family member and it has not cost the postmaster anything to get that letter sent. The police have already dismissed that there is a case to answer and if the postmaster did pursue a claim his solicitor would need to complete the “particulars of claim” and in this detail and evidence that the shortfall is down to your wife.

As Des8 has said I suggest you respond back to the solicitor that you refute and will rigorously defend any claim that is brought. I would also include the fact that you reserve the right to put in a counter claim for the unlawful deduction of wages unless this has been resolved by other means. Do not indicate at this time you have started an ET claim.

In the meantime, I would continue with your ET claim for the unlawful deduction of wages. If there is no engagement in the ACAS early reconciliation process by the postmaster, then it will go forward as an ET claim.

Just be aware that if you did make a counter claim there would be a court fee to pay, however there is no ET fee payable.

[nellie123]

My view is that they are just trying to bully you, at the end of the day the solicitor is a family member and it has not cost the postmaster anything to get that letter sent. The police have already dismissed that there is a case to answer and if the postmaster did pursue a claim his solicitor would need to complete the “particulars of claim” and in this detail and evidence that the shortfall is down to your wife.

As Des8 has said I suggest you respond back to the solicitor that you refute and will rigorously defend any claim that is brought. I would also include the fact that you reserve the right to put in a counter claim for the unlawful deduction of wages unless this has been resolved by other means. Do not indicate at this time you have started an ET claim.

In the meantime, I would continue with your ET claim for the unlawful deduction of wages. If there is no engagement in the ACAS early reconciliation process by the postmaster, then it will go forward as an ET claim.

Just be aware that if you did make a counter claim there would be a court fee to pay, however there is no ET fee payable.

Thank you very much for that reply . I don't want to pester the man who is dealing with my wifes case at ACAS ,as I should imagine they have multiple things in front of them on their desk. From the comments and replies I have received on here ,I feel confident to reply to the solicitor but I don't want to interfere with any ongoing process. Please keep replying it is good for our morale

[ULA]

We are here for you/your wife.

You have correctly contacted ACAS for early conciliation in regard to the unlawful deduction of your wife’s wage. In case you are not aware, whilst these discussions are taking place the time limit for making a tribunal claim is extended. The early conciliation period can be up to a month initially and can be shorter or up to 14 days longer according to need. If this does not work, then you can submit your ET claim but even given the above an eye on timescales needs to be kept so that is it is not out of time.

The solicitor’s letter, in my view, a direct response to your letter of 2 Jan and is an attempt to deflect the situation away from the actions of the postmaster. If you want to post up an anonymised draft of your reply to the solicitor, then we are happy to review for you.

[nellie123]

We are here for you/your wife.

You have correctly contacted ACAS for early conciliation in regard to the unlawful deduction of your wife’s wage. In case you are not aware, whilst these discussions are taking place the time limit for making a tribunal claim is extended. The early conciliation period can be up to a month initially and can be shorter or up to 14 days longer according to need. If this does not work, then you can submit your ET claim but even given the above an eye on timescales needs to be kept so that is it is not out of time.

The solicitor’s letter, in my view, a direct response to your letter of 2 Jan and is an attempt to deflect the situation away from the actions of the postmaster. If you want to post up an anonymised draft of your reply to the solicitor, then we are happy to review for you.

Excellent I will do one later thank you

[nellie123]

Having just read the solicitors letter again. It says at the head of the letter.
OUR CLIENT : M...…..h Post office.
Should it not be the Postmasters name as it is him that has made the deduction.
Directly Below That it it says...
Re: DEBT RECOVERY.

Is there any way that I can forward this to ULA

[nellie123]

Letter I intend to send.
I am in receipt of your letter dated 8th January 2019. I am going to treat this letter with the contempt it merits.
You and your client are at cross purposes here,you have stated that the shortfall on my stock unit was due to errors on my behalf .
So on the 2nd of January your client accused me of stealing monies. If you need to verify that with my witness to that fact ,here is my witnesses identity.
P.C.Sarah Daniels3398.
I am disgusted with your clients recent actions.I refute any of this matter and will rigorously defend any claim brought against me.
I reserve the right at this time to action a counter claim .

[ULA]

You can send it to me via PM

[ULA]

I understand how you feel about the situation but would you be happy for me to reword this letter?

[nellie123]

You can send it to me via PM

How do I do that on here ?

[nellie123]

I understand how you feel about the situation but would you be happy for me to reword this letter?

Yes please. Thank you.

[ULA]

At the very top of the page in black panel near your avatar picture and next to the bell icon is an envelope icon, opens up a box and click Send New Message in first box type Ula and then compose message and attach the letter them send.

I will review this and draft a response over the weekend, so hold on I will get something back to you.