Home › Forums › General Trade Forum › Bit of advice RE – COMET
- This topic has 9 replies, 6 voices, and was last updated 13 years, 10 months ago by
helo_75.
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May 30, 2012 at 7:41 pm #69733
helo_75
Participanthi all,
as you know, i jumped ship from comet and joined another company before the ship sank
fine i thought, i got paid on the 25th if the month as a final salary ( massiveley deducted cos id left), but thats ok, at least i got a job , right?
only now, ive just recieved my SECOND letter, saying that theyve overpaid me, by some £181 as a ‘matter of fact in law’ and they want the money back within 7 days or they’ll take me to county court, set the bailifs on me,and basically ruin my life
how on earth could i or anyone ever prove or disprove what theyre saying?
what do i do ? pay them? or stand my ground?
any advice would be helpful
May 30, 2012 at 8:32 pm #375796Jackal
ParticipantBit of advice RE – COMET
Helo hi
Unfortunately in law you appear to have received money your not entitled to and therefore you have no option but to repay it.
However as it is there mistake and in view of the amount involved you are entitled to have the detailed explanation of how the mistake came to be, in other words force them to explain how the overpayment is calculated and how if came to be overpaid.
You should also negotiate a repayment schedule which is manageable day over a six month period.
Keep the overpayment in a separate ring fenced account whilst the explanation and negotiation takes place.
Only write to them, never email, text or deal with them by telephone, send all letters by recorded delivery.
There only way to enforce a recovery of the amount is to obtain a CCJ. It will take them at least six months to risk the court action coming to trial, plus the costs and potential embarrassment of it all should put them off that action if your sort if co operating with them; also should they be stupid enough to try court then your letters will act as a defence to the action. I have seen plenty of Judges reject such claims when the defendant proves they have attempted to be reasonable. County Court Judges don’t like big company Bullys!
At the end of the day, should it go to court and you loose, you have 28 days to pay up and thus prevent any ccj from being registered so why not push your luck.
I have helped defend many of these instances and to be honest the majority of times thus occurs for this type of amount is high, most reasonable employers usually end up walking away as the cost of fighting it is too high for them to justify the solicitors bills.
If it turns tits on you, pm me your email address and I will look at it off forum and guide you from there.
Most important thing of all, DON’T let it get to you or frighten you in to reacting rashly in to paying up, that’s what there after.
Best wishes
Jackal
Sent from my iPhone 4s using Tapatalk
May 31, 2012 at 1:32 pm #375797whiskey_six
ParticipantRe: Bit of advice RE – COMET
WTF !!!!!!!!!!
PM Me mate if you think I can do anything this end or email me. Nothing has been said to me or K.May 31, 2012 at 7:21 pm #375798mirmay
ParticipantRe: Bit of advice RE – COMET
I had a letter telling me I owed fuel (about£138) for the full month of March as I hadn’t submitted my fuel return. Nice one. My last day was 16th March. I was on holiday for the 2 weeks prior to leaving but was asked to return the car on the Thursday 15th (last day Friday 16th) for logistical reasons. This means effectively I am owed a days holiday (£80+?) as returning the car to centre constitutes work. Also as personal use of the car was part of my terms and conditions, I have been denied a day’s use which I calculate to be about 8 quid. Unable to submit fuel return as it was done via email using a template calculator. The company laptop was returned with the car and the company email account was blocked sometime on Friday 15th so go figure how could it be done.
Ignored letter. Perhaps if they hadn’t treated us so unfairly I may feel a little guilt but they can shove it. I’m ready to fight this one all the way.
Having moved to pastures new, I now realise how shoddy the Comet service really was. From industry safety standards to customer care, they really were dangerous! (In my opinion)June 1, 2012 at 5:21 pm #375799whiskey_six
ParticipantRe: Bit of advice RE – COMET
Sorted it Helo_75. You can sleep tonight mate, they may owe you money 🙂
July 9, 2012 at 7:25 pm #375800smartin
ParticipantRe: Bit of advice RE – COMET
same scenario here, i left in march, 2 weeks later i get a letter saying i owe them £107 as an overpayment, i questioned this and they worked it out as a mistake, in their favour to £233. i asked for a breakdown and recieved a screen print of my payslip with what looks like their kids maths homework has been done on it. from there i recieve a letter from a debt collection agancy saying in no uncertain terms pay or we will take you to court.
i phoned to advise them that they had got their figures wrong, saying that there were 2 days that i was owed and not been put on there, she questioned my old boss who said put it through as it is, but after i spoke to him he then agreed to email HR saying i am owed this.
great i thought so i ring HR this afternoon, asking if she got his email, oh yes she replied and i have worked out a final figure,£ 220 odd quid, what happened to the 2 days holiday i am owed i ask, oh its a mistake by your manager they were put in late, or some other twaddle like that i stopped listening once the new sum was worked out, so now im waiting for the final, final, final amount i owe, any help on how to deal with these back stabbing, money grabbing, jumped up muggers with pens would be appreciated.July 9, 2012 at 8:32 pm #375801mirmay
ParticipantRe: Bit of advice RE – COMET
smartin wrote:same scenario here, i left in march, 2 weeks later i get a letter saying i owe them £107 as an overpayment, i questioned this and they worked it out as a mistake, in their favour to £233. i asked for a breakdown and recieved a screen print of my payslip with what looks like their kids maths homework has been done on it. from there i recieve a letter from a debt collection agancy saying in no uncertain terms pay or we will take you to court.
i phoned to advise them that they had got their figures wrong, saying that there were 2 days that i was owed and not been put on there, she questioned my old boss who said put it through as it is, but after i spoke to him he then agreed to email HR saying i am owed this.
great i thought so i ring HR this afternoon, asking if she got his email, oh yes she replied and i have worked out a final figure,£ 220 odd quid, what happened to the 2 days holiday i am owed i ask, oh its a mistake by your manager they were put in late, or some other twaddle like that i stopped listening once the new sum was worked out, so now im waiting for the final, final, final amount i owe, any help on how to deal with these back stabbing, money grabbing, jumped up muggers with pens would be appreciated.(in my opinion) This seems to be a recurring theme. Not only was the whole closure/redundancy thing done unprofessionally they now twist the knife. I will refrain from obscene language, but I wholly endorse the sentiments expressed in the last sentence in smartin’s post. There were several questions remaining to be answered when I left in March and I doubt they will ever be answered. I am bitter and angry about the whole thing.
July 16, 2012 at 9:06 pm #375802helo_75
ParticipantRe: Bit of advice RE – COMET
well, its official, theyre taking me to court, ive basically told em to ram it, theyre nowt but a set of lying, cheating,2 faced, vile, self absorbed , dishonest set of sanctimonious idiots.. and i wouldnt mind, all the women who are chasing me are on 90 days notice
karma huh?
August 19, 2012 at 9:53 am #375803helo_75
ParticipantRe: Bit of advice RE – COMET
and thats an end to that
they sent me a list of my so called holidays, and after checking them with my previous fuel returns, they where well out
so id like to thank comet for putting £154 in my bank account on the 25th, im glad you wasted money on bailiffs and letters, cost you a lot of money…
what a poorly run, awful company they are
roll on the day the shutters go down for the last time
August 20, 2012 at 10:02 am #375804Flyman
ParticipantRe: Bit of advice RE – COMET
Happy its all sorted in your favour Bob. Its bad enough changing jobs without hassle like that. Just waiting for the 25th of this month to see if they owe me or I owe them! They didn’t pay my redundancy on the 14th day as expected even though I phoned in the morning and they said it was being paid that day. When I phoned the next morning they said I wasn’t being paid it as I had RESIGNED! After a very heated discussion and telling them I had worked 2 weeks beyond my redundancy date to get them out of the s**t the money was in the bank within 2 hours.
Jim (Gateshead)
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