Tweet
Hello,
I am new to this site and desperately need some help and advice. It's a bit of a long story, but basically:
Until May 2009 I worked for a large company in a field based role, as such I was entitled to a company car. When I accepted the position I was given a choice of cars, I chose via an outsourced fleet management company. The car was above the benchmark vehicle and the company have furnished me with documents which appears to have my signature (of which i have no recollection of signing..) which basically confirms I accept if I leave employment of the company within 3 years I will be responsible for the "upgrade costs" on a pro-rate basis.
I left employment of the above company in May (resigned) and am now employed with a new company in a different industry.
My previous employers are now pursuing me for the contributions for the upgraded car (circa 4k!!!) and have got solicitors involved.
I have argued my case and appealed but to no avail. I have also establised the names of two members of staff who left the company around the same time and have not been pursued for there upgrades.
I have presented this to the company ,, but they say they 'left' under different circumstances to me. They were actually 'pushed' i have now establised for under performance.
Now, the company car policy says they will pursue "all persons leaving the Employment of XXXXX for any outstanding car contributions"
Clearly they do not!!
Is there anything I can do here.. i really cannot afford to make this payment and am als upset that they do not appear to be consistant in their demands.
I have now recieved a CCJ Claim form from their solicitors, the details on it are:
Front Page of Claim form:
Brief details of claim
" Breach of contract - monies owed as a result of the Defendents termination of employment with the Claimant, by virtue of his resignation."
Value £ 4,485.32 plyus interest, see particlars of claim.
Amount claimed £4,734.24
Court fee £108.00
Solicitors Costs £80.00
Total amount £4922.24
Particulars of Claim:
1. The Claimant is a company speciailisng in the provision of XXXX services and is a wholly owned subsidiary of XXXXXX .
2. The Defendant was employed by the Claimant. This employment commenced on 31st March 2008. The Defendants most recent role within the Cliamant's firm was as a XXXXX.
3. On the 15th February 2008 the Defendant signed a statement of Terms and Conditions of Employment, a copy of which are attached. It was these Terms and Conditions that governed the Defendants employment with the Claimant at the time of termination.
4. On the 15th February 2008 the defendant also signed an addendum to those terms and conditions which related to the Claimants car policy, a copy of which is attached. By signing this acknowledgement the Defendant acknowledged that he has read and understood the Claimants car policy booklet and agreed to abide by its terms and conditions.
5.Section 7 of that policy booket relates to vehicle upgrades and states that " the Society will reclaim any outstanding trade up amount from any driver trading up should they leave the Society prior to the end of the contract date. For example; if you have a vehicle on a 36-month contract at £100 per month, if you leave after 18 months you will owe £1800.00. This money will be required to be repaid on leaving."
6. The Defendanct tendered his resignation to the Claimant in May 2009. This was accepted by virtue of the Claimants letter dated 13th May 2009. The defendants effective date of termination was 19th May 2009.
7. Upon leaving his employent the Defendants owed the Claimant £4,485.32, being the balance due as a result of a company car upgrade.
8. The Claimant has written to the Defendant on a number of occasions requesting this debt from the Defendant. A final letter before action was sent to the Defendant on 5th November 2009.
9. The Claimant also claims interest pursuant to section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date that the debt was due for payment until the date of issue of this claim form, amounting to £248.92
10. The Claimant is further entitled to claim interest at the daily rate of £0.98 from the date hereof until judgement or payment, whichever is sooner.
AND the Claimant claims:-
1. £4,485.32
2. Interest pursuant to Section 69 of the County Courts Act 1984 at the rate of 8% per annum, equivilant to £248.92 to the date of issue hereof.
3. Further interest pursuant to Section 69 of the County Courts Act 1984 at the rate of 8% per annum, continuing daily at the rate of £0.98 until judgment or sooner payment.
I am really, really worrying. I have tried to get an appointment with CAB, but they cannot see me until middle of next month!!
I need to write my own defence, if anyone can help me with a template/ideas on what to put and how to word it I would be very grateful.
Many thanks in advance
M2000
I am new to this site and desperately need some help and advice. It's a bit of a long story, but basically:
Until May 2009 I worked for a large company in a field based role, as such I was entitled to a company car. When I accepted the position I was given a choice of cars, I chose via an outsourced fleet management company. The car was above the benchmark vehicle and the company have furnished me with documents which appears to have my signature (of which i have no recollection of signing..) which basically confirms I accept if I leave employment of the company within 3 years I will be responsible for the "upgrade costs" on a pro-rate basis.
I left employment of the above company in May (resigned) and am now employed with a new company in a different industry.
My previous employers are now pursuing me for the contributions for the upgraded car (circa 4k!!!) and have got solicitors involved.
I have argued my case and appealed but to no avail. I have also establised the names of two members of staff who left the company around the same time and have not been pursued for there upgrades.
I have presented this to the company ,, but they say they 'left' under different circumstances to me. They were actually 'pushed' i have now establised for under performance.
Now, the company car policy says they will pursue "all persons leaving the Employment of XXXXX for any outstanding car contributions"
Clearly they do not!!
Is there anything I can do here.. i really cannot afford to make this payment and am als upset that they do not appear to be consistant in their demands.
I have now recieved a CCJ Claim form from their solicitors, the details on it are:
Front Page of Claim form:
Brief details of claim
" Breach of contract - monies owed as a result of the Defendents termination of employment with the Claimant, by virtue of his resignation."
Value £ 4,485.32 plyus interest, see particlars of claim.
Amount claimed £4,734.24
Court fee £108.00
Solicitors Costs £80.00
Total amount £4922.24
Particulars of Claim:
1. The Claimant is a company speciailisng in the provision of XXXX services and is a wholly owned subsidiary of XXXXXX .
2. The Defendant was employed by the Claimant. This employment commenced on 31st March 2008. The Defendants most recent role within the Cliamant's firm was as a XXXXX.
3. On the 15th February 2008 the Defendant signed a statement of Terms and Conditions of Employment, a copy of which are attached. It was these Terms and Conditions that governed the Defendants employment with the Claimant at the time of termination.
4. On the 15th February 2008 the defendant also signed an addendum to those terms and conditions which related to the Claimants car policy, a copy of which is attached. By signing this acknowledgement the Defendant acknowledged that he has read and understood the Claimants car policy booklet and agreed to abide by its terms and conditions.
5.Section 7 of that policy booket relates to vehicle upgrades and states that " the Society will reclaim any outstanding trade up amount from any driver trading up should they leave the Society prior to the end of the contract date. For example; if you have a vehicle on a 36-month contract at £100 per month, if you leave after 18 months you will owe £1800.00. This money will be required to be repaid on leaving."
6. The Defendanct tendered his resignation to the Claimant in May 2009. This was accepted by virtue of the Claimants letter dated 13th May 2009. The defendants effective date of termination was 19th May 2009.
7. Upon leaving his employent the Defendants owed the Claimant £4,485.32, being the balance due as a result of a company car upgrade.
8. The Claimant has written to the Defendant on a number of occasions requesting this debt from the Defendant. A final letter before action was sent to the Defendant on 5th November 2009.
9. The Claimant also claims interest pursuant to section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date that the debt was due for payment until the date of issue of this claim form, amounting to £248.92
10. The Claimant is further entitled to claim interest at the daily rate of £0.98 from the date hereof until judgement or payment, whichever is sooner.
AND the Claimant claims:-
1. £4,485.32
2. Interest pursuant to Section 69 of the County Courts Act 1984 at the rate of 8% per annum, equivilant to £248.92 to the date of issue hereof.
3. Further interest pursuant to Section 69 of the County Courts Act 1984 at the rate of 8% per annum, continuing daily at the rate of £0.98 until judgment or sooner payment.
I am really, really worrying. I have tried to get an appointment with CAB, but they cannot see me until middle of next month!!
I need to write my own defence, if anyone can help me with a template/ideas on what to put and how to word it I would be very grateful.
Many thanks in advance
M2000
Comment