On this specific matter on where we are now as regards Barnsley County Court 11/06/10 where they specifically claim that they "paid me, by mistake the sum of £1730.56 subsequent to me being dismissed on 29th July 2005" The answer is most accurately the latter one where they have just made it up and popped it in! It is different from the other claims like PC, Breach of contract etc. I did send you all the docs that I will rely upon in court, did you get them? Any one else reading this..... I am still looking for a qualified person from this forum who could represent me in Barnsley County Court on the question of Jurisdiction. ( I will pay of course ). Thanks Allan

Wow! That e-mail must have taken ages!!! I can not express my gratitude enough for the support and the passion that obviously went in to it. The story now is that a decision has been made based on the fantastic advice of those posts before. I have booked my flights and I WILL attend Barnsley County Court to nail this once and for all. I have my bundle of evidence ready ( took all day ). Can I ask .... Is there a Solicitor on this forum based near Barnsley who could represent me on that day? Especially to question on my behalf the jurisdiction issue. Thank you in advance. Allan

SFU, I am very impressed with your views!!! after my mail last night I had discussions with my wife and they mirror EXACTLY your mail. So views are actually converging . We are thinking of the newspapers also today. I would love to talk to you by phone if that was possible? Allan

Ok, I had my meeting with my MSP Patricia Marwick ( Markinch ) this afternoon. She like everyone else is appalled and shocked that this situation has happened and like everyone else says she has never ever heard of such a thing ever happening before. Sadly because she says this situation has never happened there is no one she can think of can help me. She has offered to write to the Barnsley County Court, but does not think it may help as we in Scotland have no jurisdiction in England!!!. I am close to dispair. I am thinking that before my whole life is ruined by the fact that I have discovered that I have less rights than a criminal or an Ilegal immigrant, I am going to have to go to Barnsley on 11th June to try at least to defend my self. I would like to know is there anyone who is a solicitor on this forum based in Barnsley that would represent me and argue for me that the court has no jurisdiction? Obviously I would have to pay. I would need to work quick as well and perhaps pay another £75 to have it delayed to buy time to sort this out. Please help I would be very greatful Allan

Hi Seriously and thank you. I will answer your questions in order and factually. Leicester because that is Cromwell HQ. I tried to do this in Scotland and was told that I would have to go to their local court to enforce for jurisdiction reasons. Seems it`s ok for them to do this to me from England but not for me to do that to them from Scotland! The Judge at the court in Leicester threw out their counter claim and told them to pay me immediately when she found out it had already been ruled on in Scotland. They have changed the amount and reason for the debt several times, pc, breach of contract over payment of wages and the latest is a mistaken payment of £1730.00 made to me which is completely untrue and I can prove this. There was no such payment. The papers for the CCJ were not served on me , instead I found by chance when checking my credit score in January that I had a CCJ. 5. Yes that is basically about it. You pretty much have a grasp of the situation. ( i`m glad some one does lol ) as it is getting extremely complicated. I feel what Cromwell are doing is bordering on "Criminal". They are now bringing this case against me as an employee. Here are the 2 paragraphs that their solicitors sent to court that seem to have decided the Judge: 6. Subsequent to the termination of the Defendants employment, on the 29th July 2005 the Claimant company by mistake made payment to the defendant of £1730.56. The Defendant had no entitlement to the said monies and despite requests has failed to pay the same. ( facts are, I resigned and was unfairly dismissed on 20th July 2005, No payment was ever mad to me by mistake of £1730.56, there would be a "paper trail" if there was . this is now a lie) 7. The claimant is a company registered in Cardiff and any County Court in England and Wales has jurisdiction for an action such as this for recovery of monies paid under a mistake. ( They may be registered in Cardiff but Cromwell HQ is in Leicester ) I thank you very much for taking the time to reply to me, you seem to get a good grasp of it and almost calm me down with your answers Thank you again Allan ( Kaalmac )

I am now at my wits end:(, despite me paying a fee to have the other sides claim struck out and explaining that because I live in Scotland, because of logistics, cost and the fact that I can not get legal representation because of jurisdiction.... the other side has convinced the judge that they do have jurisdiction...... the judge has now set a "trial date". I am to go "on trial " 11th june 2010 at Barnsley County Court. I feel you couldn`t make this up! It`s like watching a film where you know who the baddie is but there is absolutely nothing you can do about it. I have managed to arrange a meeting with my MSP for tomorrow with a view to seeing if she can highlight my plight with the Scottish Justice Secretary as I am it seems a Scottish Citizen with no rights and not recognized within English law. Pretty desperate now. The other side has now actually told a lie. They have told the court that they paid me by mistake after I was dismissed £1730.56. This is an absolute made up claim and I could prove this if brought to a Scottish court. Yours Kaalmac

Thank you Ida Kaalmac

You have summed up the whole thing perfectly!! That is exactly how it is , I just didn`t know how how to explain it. Are you a solicitor? If you are then YOUR HIRED!! Kaalmac

what do you mean about "final judgement against them" . Also please explain the abuse process as I was wondering how you stop people doing these kind of things. Thanks Kaalmac

If they re-opened it up here , at least I could get proper legal representation and defend my self in which case I know I would win as it is a closed matter already from scottish ET and also County court liecster in england

They have held off sending me their response as I only received this today and I was supposed to lodge a rebuttal to it by 3pm today! I feel that the tactics they are using are so dirty. I am going to go and see my MSP regarding this. Kaalmac

Yes it does help me and thank you for taking the time and trouble to reply. You have put my mind at rest. They were such a vengeful employer and i`m sure they are just "at it". Your post has reassured me and I thank you for that and I will keep you all posted as to the out come. Kaalmac

Hi again folks, Well as you know my CCJ was setaside and the judge invited me to consider applying for the case to be struck out and a statement of truth and I completed that form and sent special delivery by 1 march 2010. The claimants were told to file and serve witness statement and statement of truth by 27 march 2010. ( I have only received a copy of this from their solicitors today 2 april 2010 !! ). I am supposed to reply to this with a further statement of truth by today!!!. their solicitor has obviously held it back deliberatly so that I can not reply in time. The hearing is on 13th april 2010. In which I am claiming to have their case struck out on grounds of jurisdiction. In their rebuttal a couple of the lines they are using are as follows: "4. It is simlply not correct to say that the defendant is a "consumer" or that there is any consumer credit agreement, whether or not it is regulated under the consumer credit act" "6. subsequent to the termination of the defendant`s employment on 29 july 2005 the claimant company by mistake made payment to the defendant of £1730.56. the defendant had no entitlement to the said monies and despite requests has failed to repay the same" ( this is completely untrue ) "7. the claimant is a company registered at cardiff and any county court in england and wales has jurisdiction for an action such as this for recovery of monies paid under a mistake." Please can any one advise me if they are just "at it" or do they really now have jurisdiction. Thank you in advance again Kaalmac

Thanks Ida, I am currently filling the form in as it MUST go of tomorrow. I am working on the fact that it is the " Jurisdiction " text that needs to be quoted but what is foxing me that in this case I am not a consumer. so what alteration to the Jurisdiction text needs to be made? Kaalmac

There is no break down of the £2500, They were simply trying to get money from me in a very underhanded way. I successfully won £7000 from them at an employment tribunal here in Scotland and they simply did not agree with the original ruling and are trying to get money back from me in what i consider to be an ilegal move. The judgment has been set aside and now I am being asked if i want to have thier claim struck of.... I just want to now the answers to the questions i asked. Is it the jusridiction wording i need to put in that box?

Hi Again, Today I recieved this order from Barnsley County Court: Before Deputy District Judge Rouine Etc: IT IS ORDERED THAT: 1. The judgment dated 17 December 2009 be set aside 2. In the event that the Defendant wishes to apply to strike out all or part of the claim, Whether for jurisdictional reasons or otherwise, any suchapplication must have been issued out of Barnsley County Court by no later than 4.00pm 0n 2 March 2010. Any application to strike out must be made on form N244 and include the Defendant`s estimated length of hearing of the application. Any application to strike out must be supported by a statement of truth made by the Defendant and the Defendant must file and serve with any application to strike out copies of any and all documents on which he seeks to rely in support of the application.. 3. ( not an option so no point in typing it ) 4. No order as to the costs of application to set judgment aside. Dated 16 February 2010. I have down loaded the Form N244 to get sent off asap. On the form N244 at number "3. What order are you asking the court to make and why?" What text should I put in that box? Then at question number "10. What information will you be relying on, in support of your application? * the attached witness statement * the statement of case * the evidence set out in the box below ( if necessary, please continue on a seperate sheet. What are they looking for there? I am so greatfull for your help so far and hopefully i`m nearly at the end. I appreciate that you all work so hard! Thank you Kaalmac

Thank you:) I will update finally when I have everything confirmed and I will make a donation to the site. Kaalmac

Hi There, And a HUGE thank you for all your help so far. I think I have good news? I decided that I could not afford to go to England to defend my case so I wrote a HUGE letter to the court and sent evidence of 2 previous court rulings against them and adding the "jurisdiction" letter as well. The case came to court today. I phoned the court at 3:30pm and spoke with a clerk. She went away and came back with the judgement, commenting that "it is a very lengthy judgment" and that the application to set aside had been granted. I would recieve the judgment by 5 days time in which case I will be invited to have the case struck off by March 2nd ( for a fee ). Am I dreaming as to what this means? Is it really good news? Please can some one tell me what this might mean. Many Many THANKS AGAIN:) Kaalmac

Ok Ida, thank you so much for your time. I realise that you need to go to bed at some point and it must be exhausting for you. I will post this off tomorrow special delivery to the court clerk. I hope you have a great weekend Thank you Kaalmac Glenrothes

I have the letter ready to print off now but just want to double check if the "consumer" part should be left in? Thanks Kaalmac

i have proof of my tribunal judgment and the award and subsequent proof of having to go to a court in england to enforce my award as they are above the law they thing. I won the second case too and now they have simply told the court that they overpaid my wages in an attempt to get thier money back. it`s a [problem] and a gross injustice

from 4 years ago appx

no I am an ex employee

sent it on 20/01/2010

Ida, I notice that the act mentions "consumer" in this case I am not a consumer, they are just trying to [problem] money back from me that I won in an employment tribunal, is this important?