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Help needed for my daughter reguarding ex employer and dca solicitor.

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  • Help needed for my daughter reguarding ex employer and dca solicitor.

    Will make this brief as possible any help or advice would be appreciated.

    September 2015 daughter leaves job at bank call centre.
    October 20th 2015 she receives final pay owed.

    November 20th and 30th daughter receives letter from overpaid salaries team requesting the return of £390.66 overpayment daughter foolishly ignores letters.

    December 22nd 2015 My daughter receives letter from solicitors instructing her of the banks passing of debt to be recovered to them. Threat of court action and interest charges, legal costs and court fees will be applied if it goes to court, and all the usual threats that gets included in these letters.

    December 24th 2015 Daughter comes clean about letters and overpayment to mum and me. Mum agreed to loan her the money to clear debt.

    24th December 2015, Daughter contacts solicitors payment line while mum listens to call as well, payment approved and reference number given to my daughter, thought that was it all sorted.

    November 2015 Daughter contacted by banks pension dept as to refunding her contributions made, as she had not completed full year with them, Daughter sends paper work back with details of how refund to be returned Sum of £299 minus tax and NI.

    Pension refund misses pay date in December so after phone calls made by my daughter was informed it be more likely to be received in Jan 2016 payroll date, No money received by my daughter on 20/01/16 pay date.

    January 21st 2016 daughter contacts payroll dept to find out why money has not been paid in, as it was a 0845 number phone bill shows time and date and length of call on land line. She was informed on that day and over the phone that the money was not being repaid to her as it was being used as part payment for outstanding debt, a debt that was as far as all were concerned had been cleared, oh how wrong we were. Not once during the phone call did the bank mention that they had informed my daughter by letter or email or phone prior to this date that they were going to recover the money by this means in fact no further correspondence was received from the bank since November.

    January 21st 2016 A phone call made to solicitors to find out why bank not received the payment, was told by the operative that money had missed there payment date when they pay the creditors. Not once during the phone call on 24th Dec did the operative make clear to my daughter that this would happen or that they would not contact the bank as to the debt being collected. Are they legally allowed to do this, my daughter and myself are at a complete loss as to why this kind of behaviour is allowed to go on.

    As of me posting this thread no money has been returned to my daughter or any explanation by both companies has been offered should I contact the head office board members and SRA with complaints about this or will I be wasting my time.

    Thank you for reading the thread.
    Tags: None

  • #2
    Re: Help needed for my daughter reguarding ex employer and dca solicitor.

    [MENTION=26290]mariefab[/MENTION] [MENTION=19071]teaboy2[/MENTION]??
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

    Comment


    • #3
      Re: Help needed for my daughter reguarding ex employer and dca solicitor.

      Originally posted by gadgetman66 View Post
      Will make this brief as possible any help or advice would be appreciated.

      September 2015 daughter leaves job at bank call centre.
      October 20th 2015 she receives final pay owed.

      November 20th and 30th daughter receives letter from overpaid salaries team requesting the return of £390.66 overpayment daughter foolishly ignores letters.

      December 22nd 2015 My daughter receives letter from solicitors instructing her of the banks passing of debt to be recovered to them. Threat of court action and interest charges, legal costs and court fees will be applied if it goes to court, and all the usual threats that gets included in these letters.

      December 24th 2015 Daughter comes clean about letters and overpayment to mum and me. Mum agreed to loan her the money to clear debt.

      24th December 2015, Daughter contacts solicitors payment line while mum listens to call as well, payment approved and reference number given to my daughter, thought that was it all sorted.

      November 2015 Daughter contacted by banks pension dept as to refunding her contributions made, as she had not completed full year with them, Daughter sends paper work back with details of how refund to be returned Sum of £299 minus tax and NI.

      Pension refund misses pay date in December so after phone calls made by my daughter was informed it be more likely to be received in Jan 2016 payroll date, No money received by my daughter on 20/01/16 pay date.

      January 21st 2016 daughter contacts payroll dept to find out why money has not been paid in, as it was a 0845 number phone bill shows time and date and length of call on land line. She was informed on that day and over the phone that the money was not being repaid to her as it was being used as part payment for outstanding debt, a debt that was as far as all were concerned had been cleared, oh how wrong we were. Not once during the phone call did the bank mention that they had informed my daughter by letter or email or phone prior to this date that they were going to recover the money by this means in fact no further correspondence was received from the bank since November.

      January 21st 2016 A phone call made to solicitors to find out why bank not received the payment, was told by the operative that money had missed there payment date when they pay the creditors. Not once during the phone call on 24th Dec did the operative make clear to my daughter that this would happen or that they would not contact the bank as to the debt being collected. Are they legally allowed to do this, my daughter and myself are at a complete loss as to why this kind of behaviour is allowed to go on.

      As of me posting this thread no money has been returned to my daughter or any explanation by both companies has been offered should I contact the head office board members and SRA with complaints about this or will I be wasting my time.

      Thank you for reading the thread.
      The best approach is a Formal Complaint to the bank either to the Pay roll and or HR departments.
      The banks is responsible for the instructions to the solicitor.
      If that doesn't work threaten the bank with court action.

      nem

      Comment


      • #4
        Re: Help needed for my daughter reguarding ex employer and dca solicitor.

        Originally posted by gadgetman66 View Post
        Will make this brief as possible any help or advice would be appreciated.

        September 2015 daughter leaves job at bank call centre.
        October 20th 2015 she receives final pay owed.

        November 20th and 30th daughter receives letter from overpaid salaries team requesting the return of £390.66 overpayment daughter foolishly ignores letters.

        December 22nd 2015 My daughter receives letter from solicitors instructing her of the banks passing of debt to be recovered to them. Threat of court action and interest charges, legal costs and court fees will be applied if it goes to court, and all the usual threats that gets included in these letters.

        December 24th 2015 Daughter comes clean about letters and overpayment to mum and me. Mum agreed to loan her the money to clear debt.

        24th December 2015, Daughter contacts solicitors payment line while mum listens to call as well, payment approved and reference number given to my daughter, thought that was it all sorted.

        November 2015 Daughter contacted by banks pension dept as to refunding her contributions made, as she had not completed full year with them, Daughter sends paper work back with details of how refund to be returned Sum of £299 minus tax and NI.

        Pension refund misses pay date in December so after phone calls made by my daughter was informed it be more likely to be received in Jan 2016 payroll date, No money received by my daughter on 20/01/16 pay date.

        January 21st 2016 daughter contacts payroll dept to find out why money has not been paid in, as it was a 0845 number phone bill shows time and date and length of call on land line. She was informed on that day and over the phone that the money was not being repaid to her as it was being used as part payment for outstanding debt, a debt that was as far as all were concerned had been cleared, oh how wrong we were. Not once during the phone call did the bank mention that they had informed my daughter by letter or email or phone prior to this date that they were going to recover the money by this means in fact no further correspondence was received from the bank since November.

        January 21st 2016 A phone call made to solicitors to find out why bank not received the payment, was told by the operative that money had missed there payment date when they pay the creditors. Not once during the phone call on 24th Dec did the operative make clear to my daughter that this would happen or that they would not contact the bank as to the debt being collected. Are they legally allowed to do this, my daughter and myself are at a complete loss as to why this kind of behaviour is allowed to go on.

        As of me posting this thread no money has been returned to my daughter or any explanation by both companies has been offered should I contact the head office board members and SRA with complaints about this or will I be wasting my time.

        Thank you for reading the thread.
        These are your main facts. Have you tried contacting the bank employer and informing them of the situation since speaking to their debt's department? It seems to me to be unlawful garnering of wages, which means you may have a claim at the employment tribunal.

        Comment


        • #5
          Re: Help needed for my daughter reguarding ex employer and dca solicitor.

          I think you need to invoke the employer's grievance process (even if your daughter has finished working for them) before going down the ET route.
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #6
            Re: Help needed for my daughter reguarding ex employer and dca solicitor.

            Thank you for the advice given, have passed it on to my daughter who will be contacting her former employer in writing this time. Just a quick update reguarding the original letters sent to her telling her of the overpayment by who she thought was her employers pay dept may actually have been sent on behalf of the bank by the solicitors acting as the overpayment recovery dept with the use of the banks letter headings on there, would be interested in any thoughts on this.

            Comment

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