18 May 2016

A question about : can they demand i pay my wages back?

Back in January i was written out a cheque for my wages as normal from the building firm i worked for, i should have collected about 10 days previous but i was on holiday and the money was for December's wage. However, i received last week a Solicitor's letter saying they wanted the money back as the company had gone into liquidation the same day as the cheque owed to me was written out,and basically it is my responsibility to return it! And they were seeking to recover the sum of Ј1500 on behalf of their client. I still carried on working with this company only difference was at about that time they changed their name, and have been paid as normal, i have written to the Solicitor saying i don't hold myself accountable for this and i also obtained a copy of the cheque from the bank just to check the date on it and you can see it was originally dated the 17th January but the 1 was changed to a 2 to make it 27th January, i have approached the company about it and they said i am not responsible and to ignore it, however, i have since received 2 more letters asking for financial details so as i can ' offer' to make payments!

Best answers:

  • I wouldnt give them anything back, and i don't think that they've got a leg to stand on.
  • The letter from the solicitors says:Our client the official receiver then the name of the company ( in liquidation).The people i worked for just changed their name and up until recently i was unaware they had gone into liquidation and other workers carried on working for them the same, only difference was different company name on cheques.Yes the money was for work paid in arrears from December.It seems to make no difference to the solicitors working on behalf of their client The official receiver that this money was due to me on the 17th January.
  • Tell them you will see them in Court if they want the money.
  • the cheque cleared, so the account was obviously still operating and they hadn't "stopped" the cheque. On this basis I would assume that the company was still trading when you received the money on your account. Have they given you details of the legal basis on which they are asking for the refund ?
  • They say that on or around the date the cheque was made out the winding up of the company had begun and the amount for the cheque was paid out in my account on 31st January, the money paid was disposition of the company's property after the presentation of the winding up petition and is such is void and should be repaid.Also that their client is not aware that any court order was obtained authorising payment to me.
  • Correct me if i am wrong but i think you may have misunderstood.
    It is not the company i worked for that are asking for the money back but the Solicitor working for The official receiver. Re: Please read my other replies to this
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