Charged for crashing outside working

[Jelllybaby]

Any advice would be helpful.

My husband crashed a works vehicle into a parked car outside his working hours. Company won’t go through insurance as they don’t want their premium affected. They paid to have the third party car fixed and started deducting money from wages without any agreement in place and without telling my husband the total amount.

So my husband left that job and text to them you can’t take an amount I can’t afford from my wages. And today we received a letter saying 7 days to pay in full or it will be taken to small claims and it includes a total figure £2300 and a copy of a piece of paper saying he’s liable for any damage totalling .. but the amount space is left blank.

Whats the best way forward? Offer an affordable repayment amount? In writing? Consult a solicitor?

The company has full insurance the van is meant to be parked outside employee residence all night.. it’s their choice to not go through insurance. Husband initially believed he could have vehicle for personal use within reason. He popped to the local shop. The damage to the other vehicle was just a dented panel where he reversed into it.

I just feel that they should have gone through insurance or if they didn’t want to then the cost to repair third party vehicle should have been left to my husband to get quotes and sort out. How can we rest assured that the price the paid for the damage was a reasonable amount?

[Setmefree3]

Does hubby have it in writing in his contract about the use of the company vehicle for works purposes only?. Have you asked for the receipt of the repairs done to the other vehicle?. Have you asked for proof of receipt of vehicle hire.

Also noted the wording in the second pic of prosecution and ANY manager.

[Jelllybaby]

Yes it does state in contract not for personal use. I’m pretty sure we can’t fight it seeing as how much is in writing I just wish I could!

Yes we now have a copy of the receipt of the repair for the damage but only screenshots on text message of the 3 quotes they got to show they went with the cheapest. Nothing at all about the vehicle hire paperwork wise.

If we let it go to court the chance of paying more with fees is high isn’t it?

Thanks for your reply.

[Jelllybaby]

The most annoying thing is that it’s left blank where they say the following deductions from my wage. Would that go against the company in court?

Also we did contact ACAS and they said that no money can be deducted without prior agreement in writing. Well no amount had ever been agreed before they made deductions is that “illegal”?

[ULA]

So your husband's contract of employment clearly states that the company vehicle was not to be used for personal use. Just a thought in regard to the insurance even if it was a comprehensive policy it may be that since personal use of a vehicle was not allowed the usage cover that the company had may have just been business and to/from home to work, in which case they would not have been able to claim on the insurance.

As you say the letter of the 14th May does not contain the monthly deduction to be made and in any of the other redacted parts of the letter does it state the total amount that needs to be recovered?

I would suggest that you ask for copies of the repair invoice and hire car costs, together with a copy of the company's vehicle insurance which may just confirm or not my point above.

[Setmefree3]

Yes it does state in contract not for personal use. I’m pretty sure we can’t fight it seeing as how much is in writing I just wish I could!

Yes we now have a copy of the receipt of the repair for the damage but only screenshots on text message of the 3 quotes they got to show they went with the cheapest. Nothing at all about the vehicle hire paperwork wise.

If we let it go to court the chance of paying more with fees is high isn’t it?

Thanks for your reply.

I think as ULA suggests you actually need the completed invoice for repairs and car hire, not just a quote of repairs.

[Jelllybaby]

Ok so I now have invoice and card receipt payment slip for the repairs and car hire.

No there is no amounts at all on the agreement.

And they have withheld final wage pay (illegally?).

WIth the help of a HR employee I have drafted a letter:


I am writing in response to your letter dated 18^th June. Firstly I would like to point out that my resignation was under duress, I felt I had no choice as being treated differently since this incident occurred.

Whilst I have always accepted that the accident was my fault – I want to clarify that managers/Supervisors as a matter of ‘custom and practice’ do allow all divers to make reasonable limited use of company vehicle e.g. staff using vans to run personal errands or weekend fishing trips. This has always been agreed verbally. For my part it was 6.30pm and I had briefly used the vehicle to go the local shop to get milk for my baby.

I have always accepted that this accident was my responsibility and did agree to repay the costs. However, the letter I was asked to sign (without being given time to review) on 14^th May:

• Does NOT state what those deductions are – this part of the letter was left blank
• The letter stated that damage costs would be taken out my salary (I am weekly waged) until repaid but do not advise any amount, payment plan or timescale
• The letter stated that ‘if I should leave the employment of (COMPANY)Ltd I am still liable for the cost’ BUT it does not state what that cost is or set a timescale by which it must be repaid

Subsequently, whilst I was away on holiday 2 sums of £100 were deducted automatically from my wages and, for the reasons stated above, this was done without my express consent and given my level of earning I do consider this to be an unreasonably high amount weekly.

Before making any deductions, you did not inform me in writing, or even verbally, the full amount you allege I owe so I have, therefore, not given written consent to this deduction. You are aware that I am not paid a high wage and have a young family to support. At no time has a proper payment plan been put forward, discussed or agreed. Therefore I consider this to be an unlawful deduction form my wages and breach of implied mutual duty of trust and confidence.

This deduction, along with changes to the way I believe I have been treated at work since this incident, I felt gave me no choice but to leave immediately and find alternative employment.

Choosing to withhold my last weekly wage payment puts me in the position of earning less than national minimum wage. This is an unlawful act on your behalf. I am owed £348.00 less tax and national insurance.

Therefore I believe your letter of demand for immediate payment is unlawful. However, as a gesture of goodwill I wish to pay in full the balance of the Makita Drill payment, if you could provide bank details I will send a direct debit payment for £130. I am prepared to consider a payment plan of £10 per week to repay the balance of the car accident repair bills. Please advise if you accept, send through a new balance and I will set up a standing order.

_____________________________________

I have to send a letter today as they gave the date of Monday 24th June to pay by so I need to at least acknowldege.

Thank you for your time and comments so far. I bet this isn't yet over. I highly suspect as long as a reasonable payment plan is offered they won't go through court. If it does I accept we will have higher costs and maybe we havn't dealt with this in the best way.. but we have to secure ourselves financially.

[ULA]

On the finally bullet point part way down your letter I would suggest adding:

The letter stated that ‘if I should leave the employment of (COMPANY)Ltd I am still liable for the cost’ BUT it does not state what that cost is or set a timescale by which it must be repaid. These details should all have been included in the letter and the cost should have been confirmed as being the outstanding balance remaining on leaving employment.

Also the next para would suggest:

Subsequently, whilst I was away on holiday 2 sums of £100 were deducted automatically from my wages and, for the reasons stated above, this was done without my express consent, since it had not been clearly stated in the letter of 14 May what the monthly deduction would be and given my level of earning I do consider this to be an unreasonably high amount weekly. Given my salary level and financial commitments I would never have agreed to a deduction of £100 per month.

Hope this gets to you in time before you have to send it off. If not do not worry I am just trying to emphasise some specific points that may be helpful if this is not over.

[Jelllybaby]

Thank you Ula that’s brill any help is much appreciated!

[ULA]

Fingers crossed but we are here if you need any more support.

[Jelllybaby]

Hello again!

***UPDATE***

Received this letter today:





So I’m thinking we need to make a counter offer a more reasonable amount?

If I do this do I have to respond with the documents they are requesting? I really think they are just highlighting that hubby already broke contract when he left the way he did.

I am fully aware that we will be liable for court costs but we have admitted fault and want to pay a reasonable amount. Scare tactics?

Many thanks for reading. Any advice on how to frame the response?

[ULA]

What can you realistically afford to pay?

[Jelllybaby]

£50 would be ideal I know it’s not perfect £100 would be too much.

[Aukey]

Are they trying to charge you extra for the 3rd party car hire? Says in main text £2150.40 includes the 3rd party hire, then no.2 states £290.88 for 3rd party car hire costs. Something to argue to take the bill down a bit....

[Jelllybaby]

Oh yeah didn’t spot that!

Do I have to comply and send through the 4 things they are asking for?

I can send the last two but the first two are correct hubby didn’t follow procedures ..