www.iva.co.uk

I have been in an iva for a year now and have just received a claim form from my previous employers ( I left 6 months ago) demanding I pay £707 to them for car damage to the company car.

don't they have insurance for this or are they suggesting that the damage was done maliciously?

Also was the damage caused prior to your IVA? if so you might want to speak with your IP.

This should have been checked when you returned the car which presumably was at the date you left the company - and specifically brought to your attention at the time. I don't think that they have a leg to stand on here to be honest, as how can they prove the damage did not occur after the vehicle left your custody?

My IVA was set up before I left Foxtons.

When I left Foxtons they refused me from having my exit interview at head office which is where you hand you car back to car fleet and have it checked over and you sign the sheet with the car fleet manager to say you agree with any damages to the car. I know that all my previous colleagues that left all returned their cars back to car fleet.

They are charging £600 for excess car damage - this is the excess from the car insurance but in my employment contract it says you only pay this excess for any accidents you are in where you cannot claim from a 3rd party.

Also they are charging me £120 for parking fines that i have not paid - one of those fines was taken by a camera operator in novemeber 2006 - with these as the car is regsitered to head office those are sent to the head office where they are to be processed and the amount taken out of my salary i dont find out about those until i get paid. So is it not any oversight on their part for not processing it whilst i was in employment?

I am looking at going to see an employment solicitor because i dont want a CCJ on my record. They spelt my first name and the first line of my address wrong so its no wonder I have not heard from them before asking for the money. Only found out when these court papers arrived and cos the postman have some common sense to realise it was for my flat.

I agree with Mel in that your position has been prejudiced by the unneccessary delay in Foxtons making contact with you.

They have issued the claim so I would defend. Dont forget if you do not respond within the timescales they will obtain a Judgment in default and you will then have to apply for a set aside which will cost you money.

get some proper legal advice but be mindful of the timescales. If you complete the acknowledgment of service this extends the response time by 14 days. Do this anyway !

good luck

I he had many company cars over the years as have been in sales a long time and I have never been held responsible for any damage done to the cars. As the nature of my job I am in and out of car parks all day and there are various dents, scratches and scuffs that occur over the period I have thear but that has always been accepted as normal usage. I have always been present when the car is delivered and picked up from me and have to sign to say I agree with any damage.

I have checked my contract and all it says is if I have a first fault accient they wil pay excess if I then have another fault accident they can charge me the excess on the policy. I have never heard of this being enforced apart from in exceptional circumstances where they may have a very careless driver.

I have had speeding fines and they go to the lease company as they are the registered owner, but they have to forward them onto me within a specific time and then my employer pass them to me immediatley in case I want to appeal.

Sounds really unreasonable of Foxtons (I presume you mean the estate agent) and I would challenge this strongly,
Good luck