Any legal types here, need some advice

[Hacienda]

My partner just recieved a letter from her previous employer (DWP) claiming that they didn't deduct enough national insurance from her over a period of time that accumulates to over £600, they claim under the provisions of the employment rights act 1996, part 11, section 14 that they are entitled to recover this amount.

I've googled the said act and cant find any reference to the paragraph they go on to quote

"An employer has the right to make deductions from salary where the purpose of the deduction is the reimbursment of the employer in respect of an overpayment of wages ...... (made for any reason) by the employer to the worker"

To my way of thinking even if this is correct the wording of the paragraph seems more aimed at people currently employed by them also the "......" seems to indicate they conveniantly skipped part of the passage.

We obviously will be seeking proffesional advice but I'm just posting on the off chance someone here can clear this up and partly to vent because frankly I'm raging :P

[mikbhoy]

even if they can recover it they have to accept what you can comfortably afford to pay back,tell them you will pay it back at 50p a month ,then pay it back by postal order,it'll cost them more to process it than what you're paying .

unlucky mate the DWP are total bastards.

[Hacienda]

I posted this on another forum and apparently they managed to **** up the source of what they quoted.



provisions of the employment rights act 1996, part 11, section 14

should be

provisions of the employment rights act 1996, part II, section 14

I still cant find the paragraph they quoted though, WANKERS! :P

[Security]

I think you were looking for this Paragraph.

Edit: Btw I do not have any real Legal skills, but I pwn at Google-ing!

[Hacienda]

Originally Posted by Security

I think you were looking for this Paragraph.

Edit: Btw I do not have any real Legal skills, but I pwn at Google-ing!

Yeah I found the section but I'll be ****ed if I can find what they quoted, seems like they just made it up.

[mikbhoy]

i dont know if this is still the case but in scotland a person cant be jailed for failing to pay debt,so what happens is we (well i mean me) just ignore all the letters until the statutory time (2 years to recover the debt,i think) runs out.ive done this twice in the past .

haci theyre just trying to intimidate you,tell them to **** off theyre getting nothing (this is NOT expert legal advice )

[Hacienda]

Originally Posted by mikbhoy

i dont know if this is still the case but in scotland a person cant be jailed for failing to pay debt,so what happens is we (well i mean me) just ignore all the letters until the statutory time (2 years to recover the debt,i think) runs out.ive done this twice in the past .

haci theyre just trying to intimidate you,tell them to **** off theyre getting nothing (this is NOT expert legal advice )

yeah being in debt is not against the law, iirc the cut of time for collecting debt in the uk is 6 years in that time you must not contact them regarding the debt or the counter is reset.

I doubt they have recourse for recovering this debt and I'm inclined to agree they are trying to see if they can push us to repay although as yet they haven't issued any threats to take us to court.

I made an appointment at CAB so will see what they say

[Garner]

My uncle is a corporate and perosnal lawyer in the US and hes had similar cases where companies have taken workers/exworkers to court for the same reason (wages and taxation)

basically, the company pays for your NI primarily (since it needs to be paid before your paid), and on your wage slip it say (NI deduction Xammount of money) which informs you of the NI they have deducted to reimburse themselves for what they paid. Its the companies duty to correctly deduct the ammount they need to for NI, and it has nothing to do with the worker/employee.

the company have quoted the act wrongly, so i would counter their case, and sue them for hassle and wrongly stating the law (thats a criminal offence btw), and also sue them for any legal fees u may incur.

you win