Unversity Fees Payback

[Zjc]

Re: Unversity Fees Payback

I disagree. In order for the terms to be valid and enforceable the amounts or an accurate estimate of maximum amount that would need to be paid along with a break down of fees would need to be included in the terms. You can not give contractual consideration to fees or repaying fees if you do not know what the financial value of those fees are!!

For example if, as per you say above, "consideration is given to payment of the fees" - then a contract for a phone would only need to state "You agree to pay a monthly fee in return for us providing you a mobile phone service and handset" without stating any actual monetarily value to the monthly fee. Which would mean the the phone company could charge you anywhere from 0 to an infinite amount!

Sorry but if the monetarily value as an accurate estimate and break down of cost is not provided as part of the training agreement then the agreement is null and void and unenforceable, as you can not give consideration to the monetarily value of the fees as it was not included - And it would be irrelevant as to if the OP took part in or completed the course or not!

Thanks for the advice again! I was expecting someone to bring it up again with me today but all has remained quiet and there has been no mention of the topic. Tomorrow is my last day with the company so we will see if they decide to spring something on me tomorrow or it goes quiet until it comes to my final wage which I would imagine they will withhold.

I have prepared a letter to hand over with my reasons for not wishing to pay the fees. I happened to bump into someone else on the same course who handed their notice in also and as of now they haven't been contacted about fees.

[Zjc]

Re: Unversity Fees Payback

I got a hold of my contract of employment today and within there is a clause detailed as follows; We reserve the right to deduct any sums owed by you to the Company from your salary or anyother sums due to you.

Does this mean if they wish they can withhold my last pay which is due after I leave or because this wasn't stipulated in the training agreement does it not apply to them withholding my wage for these "fees"





Furthermore if they do withhold my wage for payment of the fee's what is the sort of route to go down then as with this term being in the contract they do have the right as such to deduct sums from salary but the agreement for the payback of fee's is invalid as discussed earlier. Would this be a case of having to go via a Tribunal?

Thanks

[teaboy2]

Re: Unversity Fees Payback

No they can not as they can not claim you legally or contractually owe them any moneys since they failed to include an accurate estimate of total cost of the training fee in the agreement. Therefore any withholding of wages from you would be deemed a breach of section 13 of the employment rights act 1996 and referred to as an unauthorised deduction. The training agreement has no monetary value to it since it lacks a true estimate of total cost, therefore they have no right to deduct any money in relation to said unenforceable agreement. If they do, you can take them to county court (or tribunal) for breach of contract via unauthorized deductions of wages!

[Zjc]

Re: Unversity Fees Payback

No they can not as they can not claim you legally or contractually owe them any moneys since they failed to include an accurate estimate of total cost of the training fee in the agreement. Therefore any withholding of wages from you would be deemed a breach of section 13 of the employment rights act 1996 and referred to as an unauthorised deduction. The training agreement has no monetary value to it since it lacks a true estimate of total cost, therefore they have no right to deduct any money in relation to said unenforceable agreement. If they do, you can take them to county court (or tribunal) for breach of contract via unauthorized deductions of wages!

Thanks again teaboy I just wanted to clarify that with you as I can see next pay day coming around and me not getting anything in the bank!

We shall see what tomorrow brings with it being my last day working for them. Lets see if they bring it up again or leave it to be disputed when I don't work for them anymore.

[teaboy2]

Re: Unversity Fees Payback

Well if they do deduct from your wages, you will need to send them a letter advising the deduct was unauthorised and they are in breach of section 13 of the employment rights act 1996 and explain why it unauthorised i.e. trainign agreement unenforceable as did not contain accurate estimate of total cost as a monetary value and therefore you could not give consideration to the total cost or to the cost of monthly repayment amounts as you have no accurate estimated total cost to calculate the monthly costs based on the percentages given for the monthly repayments. i.e. it be like working out 100% of what for the purpose of the agreement could be an infinite amount.

In fact take such letter in with you tomorrow!

[Zjc]

Re: Unversity Fees Payback

Well if they do deduct from your wages, you will need to send them a letter advising the deduct was unauthorised and they are in breach of section 13 of the employment rights act 1996 and explain why it unauthorised i.e. trainign agreement unenforceable as did not contain accurate estimate of total cost as a monetary value and therefore you could not give consideration to the total cost or to the cost of monthly repayment amounts as you have no accurate estimated total cost to calculate the monthly costs based on the percentages given for the monthly repayments. i.e. it be like working out 100% of what for the purpose of the agreement could be an infinite amount.

In fact take such letter in with you tomorrow!

Hello,

Just to update Friday passed with no mention again of fees or payback after my discussion on Wednesday. Even when I was escorted out the building no one mentioned it just wished me best for the future.

I'm now expecting my wage to be held or a letter in the post in the next few days stating they are chasing me.

I will update as soon as I hear from them, I've no doubt they will leave this quiet.

[teaboy2]

Re: Unversity Fees Payback

Well fingers crossed they don't deduct your wage, but if they do, they'll be opening a can of worms form themselves!

[Zjc]

Re: Unversity Fees Payback

Well fingers crossed they don't deduct your wage, but if they do, they'll be opening a can of worms form themselves!

Payday is a week on Friday so let's see what happens! I'll update you accordingly and if they do take my wage hopefully you can help me with next steps!

Thanks again for continued support!

[Zjc]

Re: Unversity Fees Payback

As promised I said I would update everyone.

Today was payday and I was paid correctly with no deductions from my final wage from the company.

I haven't heard anything since I left 2 weeks ago, just wondering now is there a point in which too much time has passed for them to start asking for the money back or could they spring it on me in a few months?

Thanks

[teaboy2]

Re: Unversity Fees Payback

They can try but the limit would be 6 years, after which they wouldn't be able to take it to court. As they hadn't made deductions i would relax, and not worry about it. But if you do hear anything from them, let us know straight away!

[Zjc]

Re: Unversity Fees Payback

Hi

I have today received a letter from the company asking me to pay back the amount by cheque by the end of the month.

What approach should I take in regards to responding to this letter?

Any help you can provide would be great!

Thanks

[teaboy2]

Re: Unversity Fees Payback

Can post up a copy of the letter minus personal, company details please? Then we can work on putting together a response,

[Zjc]

Re: Unversity Fees Payback

Hi Teaboy,

I've sent this over in a PM for you but happy to discuss on here once you've seen the letter and compose something together.

Thanks again for your help and support its greatly appreciated.

Thanks

[teaboy2]

Re: Unversity Fees Payback

Hi Kjun

I have sent a reply with a draft letter for you. Remember to attach a copy of the terms regarding the repayment of the fees to the letter if when you send it!

I'll post a copy of the letter up here later, for the rest to see!

[Zjc]

Re: Unversity Fees Payback

Morrisons ignored the letter I sent and simply stated they would ask a debt collection agency to get involved.

Surly this isn't a debt seen as I didn't enter into a loan or credit contract with them?

Furthermore if the agreement is not valid how can they claim it as a debt?