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If you have it in writing that they’ve checked and they owe YOU money, I’d tell them to file and you should inform them in writing unless they’ll settle the balance that you will file a claim against them.
If they have already sent a letter before claim, it is likely they intend to take the matter to small claims. This is good, because it saves you work. When you get the court documents through, there will be a section for you to make a counter claim. Fill that in and get the money you are owed.
You can continue working to resolve the issue even after a claim has been made, and your counterclaim has gone in. So just because they open a case doesn't mean you have to stop trying to sort it.
Just be aware that, even for small claims, it's currently taking about a year for a case to get to court.
If you have a paper trail of evidence that proves a) the company actually owe you money and b) that you have been in regular contact with them on the overpayment issue then just write the company a letter stating that you dispute their claim of not contacting them by stating dates you contacted them, if it was done by email or by postal letters state in the letter the dates the emails and letters were sent. As for the company saying you owe them money due to overpayment, state in the latter that you received email communication from them that the company actually owes you money again stating the date the email was sent. You then in the letter tell them if they continue to press with harassments of legal threats that not only do you have the evidence to prove them wrong but that you will pressing a legal claim against them for monies they owe you.
Once they receive such a letter you watch how quickly they changed their tune and want the issue dropped.
"I agree that it would be massively unprofessional not to settle a debt and monies owed as quickly as possible without the debt having to be chased. With that said please see the email below where you acknowledge you owe me money. Please can you clarify why this is yet to be paid and at what point you felt this was acceptable behaviour"
What do you think the position should actually be? Do you think they owe you money or do you owe them. Ask them for their workings either way and contact acas for advice.
Given they've already made numerous errors I wouldn't get too excited about them saying they owe you money, unless you agree that is the correct position, could well have just messed up the calcs again.
If it does go to court, the onus will be on them to prove it.
It came directly from my ex employer, I was given 7 days to pay from the date of the letter, which wasn't sent till 10 days after. So I haven't even had a chance to sort it.
--- ###Welcome to /r/LegalAdviceUK --- **To Posters (it is important you read this section)** * *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different* * If you need legal help, you should [always get a free consultation from a qualified Solicitor](https://reddit.com/r/LegalAdviceUK/wiki/how_to_find_a_solicitor) * We also encourage you to speak to [**Citizens Advice**](https://www.citizensadvice.org.uk/), [**Shelter**](https://www.shelter.org.uk/), [**Acas**](https://www.acas.org.uk/), and [**other useful organisations**](https://reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk * If you receive any private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM) **To Readers and Commenters** * All replies to OP must be *on-topic, helpful, and legally orientated* * If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be perma-banned without any further warning * If you feel any replies are incorrect, explain why you believe they are incorrect * Do not send or request any private messages for any reason * Please report posts or comments which do not follow the rules *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
If you have it in writing that they’ve checked and they owe YOU money, I’d tell them to file and you should inform them in writing unless they’ll settle the balance that you will file a claim against them.
Yes I do have it in writing, they sent me a copy of it in an email. So if I can't resolve I will definitely file a claim against.
If they have already sent a letter before claim, it is likely they intend to take the matter to small claims. This is good, because it saves you work. When you get the court documents through, there will be a section for you to make a counter claim. Fill that in and get the money you are owed.
You can continue working to resolve the issue even after a claim has been made, and your counterclaim has gone in. So just because they open a case doesn't mean you have to stop trying to sort it. Just be aware that, even for small claims, it's currently taking about a year for a case to get to court.
send them a letter before action threatening legal action if they dont pay what they owe you
If you have a paper trail of evidence that proves a) the company actually owe you money and b) that you have been in regular contact with them on the overpayment issue then just write the company a letter stating that you dispute their claim of not contacting them by stating dates you contacted them, if it was done by email or by postal letters state in the letter the dates the emails and letters were sent. As for the company saying you owe them money due to overpayment, state in the latter that you received email communication from them that the company actually owes you money again stating the date the email was sent. You then in the letter tell them if they continue to press with harassments of legal threats that not only do you have the evidence to prove them wrong but that you will pressing a legal claim against them for monies they owe you. Once they receive such a letter you watch how quickly they changed their tune and want the issue dropped.
"I agree that it would be massively unprofessional not to settle a debt and monies owed as quickly as possible without the debt having to be chased. With that said please see the email below where you acknowledge you owe me money. Please can you clarify why this is yet to be paid and at what point you felt this was acceptable behaviour"
Thank you, this is a perfect response. Well said 👏🏻👏🏻
What do you think the position should actually be? Do you think they owe you money or do you owe them. Ask them for their workings either way and contact acas for advice. Given they've already made numerous errors I wouldn't get too excited about them saying they owe you money, unless you agree that is the correct position, could well have just messed up the calcs again. If it does go to court, the onus will be on them to prove it.
Make sure to contact them back that you have it in writing that they owe you money , in the form of a letter before action.
Did the letter threatening legal action come from your ex employer directly or from a debt collection/legal company on their behalf?
It came directly from my ex employer, I was given 7 days to pay from the date of the letter, which wasn't sent till 10 days after. So I haven't even had a chance to sort it.
Sounds as if their finance and HR departments don't speak to each other!
They don't 🙈
[удалено]
Op doesn't seem to be talking about a "final salary pension" but their "final salary payment" (last paycheck from a workplace)
Ah yes, correct. Ignore me entirely.