I am reading up now on your comments with CPR 3.9 so I am ready if and when he does re-apply. As for costs, to be honest I dont want to bother. I am exhausted with it all and wife even more so. just glad it at this stage and if it is re-opened then will have more experience etc to defend with even more confidence! I just await his court case with interest Thanks, John

Well .....he hasnt paid so order has been struck out - yahoo! The more and more I ponder over all of this I am sure it was just a scare tactic and in some ways I am sad I havent had my day in court with him but as the wife says, count my blessings and at least we can move on now. I have been told that he will be pleading guilty in court to his farce of fraud and also dimished responsibility as he now telling his friends (not that he has many) and others that he is not well and walking around scruffy which is unlike him to be honest. However, should he try with the court again at least I can say he is a little unstable thus his claim against me lol... So this leaves me to say a big thanks to everyone especially the advice that some have experienced first hand. The forum is great and a credit to you all.

Hello one and all; an update for you and probably a little chuckle My wife and I got our court date and it was 9th August but we are on holiday so I called the court and explained and they said write a letter explaining. So, I duly did and posted it off last week. I called them yesterday to ensure they got the request to which they replied yes. The lady went on to tell me that the 9th August date had been vacated - great I said - however, not on the grounds of our holiday and request to change but because.....the claimant (my ex employer) paid by cheque and it bounced - lmao! This is simply typical of my ex employer - it is not something new but to do it to a court when he is trying to recover 98k is beyond me! This does make me feel even more convinced that it has been scare tactics all alone. There is though a possibility that they will pay and I will end up face to face with them but in the meantime i am smiling and chuckling to myself lol... The MD does have a lot on his plate though - tribunal in July from the ex finance director plus his own court appearance for fraud plus something else that he doesnt know will land on his desk soon - the latter will keep him more than busy that's for sure! So for now that is my update and we shall see what comes up next....bye for now and thanks again....

Thanks Andy...I will re-scan as pdf and upload. I put the SJ in but they returned it as I hadnt pauid 80.00 but I didnt see anything in costs so will need to do it again! I did put dates down on original AQ but appears they have ignored that. i will contact the court to advise we are unavaliable...thanks again

Hi one and all....Its been quiet on the action front until today and I have received the attached. Its says the matter is olisted for a case management conference on 9th August and I have to file at court and with the claimant any directions to seek no later than 7 days prior to court hearing. A couiple of questions please: 1. Does the court conference mean this will been done in front of both claimant and defendants or is it without us being there? 2. For the files do i just simply write a defence again to the court and to the claimant? 3. If we are in person on 9th August can I change that date? Of course if it is done without us being at court then this is irrelevant! Thanks.....John

Dont get me wrong Mo I dont agree with everything I said but it is all about perception - it was once said to me that perception is reality - and to a degree I agree and accept that. Sometimes you have to play the game and sometimes perception is a game. I would rather everyone be open and honest and not take things personal but there are many managers of people in employment that couldnt manage a game of monopoly or tiddly winks and will never be managers of people whilst they have an orifice in a certain location! I currently work for a CEO and Directors that are like none I have come across in my 42 years of employment and it is a pleasure to be around them and all of us can have a say and an opinion without anyone taking it personal. I hope you too will have such a CEO soon...

This is my first comment in response to a topic but felt I would offer my angle as being in a position of seniority in my last position where I had 40 staff working for me and reporting to CEO. If I was the CEO and someone called me by my first name and then called me Mr. after I had made mention of something to him/her I would see that as scarcasm. From what you have said MorganNK it appears the CEO has had an off day and in some way might have been protecting you as he felt uncomfortable at the inuendo's and might have thought you were being the brunt of of things and being undermined - obviously difficult to be precise as none of us there to witness such. I personally would go back to being professional and using his christian name ( I am assuming the CEO is a He of course in my use of Him!). If he persists in being offhand then I would discuss with him on a one to one but not use any other term that what you have been calling him up to that instance. Again, callinjg someone Mr/Mrs after the use of first name comes across to me as scarcasm and not professional. The use of Mr/Mrs these days is not deemed the way it used to be - in my humble opinion. Just my two penneth worth and hope things get back to normal. I dont see the need to look for another job when you enjoy the one you have and it is a one off but then again I am not in that situation!

Excellent, thanks Andy, i think i am on top of this now...just printing out forms and ensuring all things square...wife in bed as she had a belly full of it now..... Cheers, John

OK i got it Andy, I think! Complete the AQ and add in that I am applying SJ/SO and send it back to Court by 25th may. In addition submit Applicatyion Notice (N244) and see what they allocate - either SJ and/or SO or whatever they feel fit. Thanks..... John

Guys, I have just re-read all of your advice and looked at what I have received. I better go over each of them to let you know what i now have and what my intentions are: I have received the following: 1. Claim forms (me and my wife as seperate defendants but same claim numbers) 2. Claimants breakdown of their claim and their 'proof' - just a list of moinies they have paid me and my wife and what I have spent on company credit card over 3 years 3. Allocation questionnaire I have completed the following: 1. Allocation questionnaire 2. N244 (Strike Out order) So, 1. Do I send off the Allocation Questionnaire as instructed by 25th May? 2. Do I send off N244 before the Allocation Questionnaire? 3. What do I fill in for Summary Judgement? Apologies in advance for being a bit thick on this but I see from your message Andy that ''.... easy to win becuase the other side ignored CPR 24.5 and didnt file evidence so Judge wasnt plaesed....'' However, ex employer has sent me 'evidence' and assume they will send same 'evidence' when they complete the allocation questionnaire. Or am I incorrect on my assumptions?

I am now just looking at CPR 24.2 but I cannot see a form to fill out - can you let me know what it is please, thanks...sorry for being a pain!

Thanks Gordies and Andy...now I might be too late becuiase whilst i was away the Allocation forms came for me and my wife and I have until the 25th May to get them back to Court. Does this mean i am too late for CPR 24.2 and CPR 3.4? If i am OK with submitting them what sort of costs am i likely to incur?

Hi, I have been away and now going through form N244 which is I believe the form for CPR3.4 Strike out - is this correct? Based on this form being correct I have a few questions about it that i am hoping you can help me with: So from the numbering of the form we have: 1. Simple 2. Simple 3. Asking 'What order are you asking the court to make and why?' I have put here '' The claim is both vexatious and false. Neither defendants were dismissed from employment - both employees resigned and acknowledged as such by xxxxx Limited Directors. The claim is false and fraudulent in both content and intent. The Managing Director, xxxxx, has a known vendetta against defendant xxxxx 4. Asking - Have you attached a draft of the order you are applying for? - what is this? 5. Asking - How do you want to have tghis appliocation dealt with? - I have put '' without a hearing'' - is this correct? 6. How long do you think the hearing will last? - I have put 1 hour - yes/no? 7. Give details of any fixed trial date or period - i am leaving blank as there isnt any. 8. What level of judge does your hearing need? - what should i put here? 9. Who should be served with this application? - what do I put here? 10. Information - easy enough!

She gets the 28 day entitlement still but they want 4 days unpaid off her on top of that! No consultation period just a letter I have advised her to consult ACAS and her Union rep

My daughter called me asking for advice and thought best place to go is here: My daughter works for local authority and they have just gone through job qualification again as they had to reduce numbers. She is good at her job so was kept on. Now they have been told that all the employees have to take 4 days un-paid leave per year and this is to be over the xmas period. The LA want to close the centre and dont want to pay employees. They have been told that if they dont accept this they will get a warning letter, then another warning letter if refusal the second time and then instant dismissal if they refuse a 3rd time. I know LA appear to have their own law but is this really lawful? Thanks in advance...

LOL...I agree...I went to CAB this morning and they have made n appointment for me to see their legal advisor but that is not until 21st and I have to have the defence in for 25th but I have prepared it all so no problem I think! The more and more I read over it and meditate on it I am more determined to fight it tooth and nail. I notice in the defence papaers/document that the claimant must make every effort to meet with me or appoint a mediator to meet with me and if not has to show to the judge why he hasnt. He of course alos has to pay another 220.00 for the document he now has to fill in and if a meeting with a mediator then some more money. This will be interesting! Tanks again for everyones comments...

I didnt notice that about representing himself - now that should be interesting and when I get the court date I will post it as it will be well worth you all coming and watching it as this guy never ever did anything himself he always got me to do his dirty work for him. He would say one thing in front of a person and then get me to sack them - and I am being serious - so him in court defending his actions will be a classic. He will be used to court anyway as he got to defend himself on fraud charges anyway soon for something he himself has done! I think I had better read this claim form again so I can see what you are seeing

I like suffering instead of success lol...

Firtsly all your comments are very much appreciated and whilst it is a big worry for both of us I am hanging on to the feelings that I have done nothing wrong - only to believe the company owner who has turned out to be a horrible individual - what hey ho, life goes on. So, I took all the advice and sought legal advice. I tried 5 solicitors and two said it fell in between employment and civil. All of therm said they were baffled at why he is clainming this especially mentioning dfismissal when both of us resigned and we have letters of acceptance etc for this. I also forgot to mention that the MD actually signed a reference for me - how bizarre! Anyway, youi are probably going to slate me for this but hearing the fees from weach of the soilicitors has made me realise I cannot afford to take on a solicitor and yes you may feel this is crazy. However, due to taking 20k drop in salary plus losing my wifes salary and still having all my debts I hope you can understand. each solicitor said that if it goes to court it will cost me circa 9k to defend. I wont get all of my fees back but probably about 90%. I just dont have the money and to be honest my ex employer would probably pay it back at 100/mth - if that! So, i am going to see citizens advice on Friday to get their take on it and see if there are any solicitors that can offer no win no fee arrangement or comething that will assist me. My intention is to claim against them once this part is over with as they have admitted commission in the claim that they once denied owing me! I am curently trying to stop one of my sons from 'visiting' people if you know what I mean!! I dearent drink anymore wine as it givinjg me a bad head in the mornings but at least this goes away for the few hours of the red stuff

I thought I was quite intelligent but I never thought once about this and of course you are a 1000% correct - of course! When i left last October they owed a huge bill to HMRC as well as about 100 creditiors massing up to about 1.2m in debt but I am sure they have reduced that in 6 mths (not!)... I really dont have any other choice than to engage solicitor and thank you for the advise and comments. My wife also would like to thank you and the others as she is really struggling with all of this as she knows how much I put into this company and now treated like something on the bottom of their shoes!

Yes to all of the above - thanks for the list as I am sure I would have neglected to dig all this out - whereever I have field it Feeling a lot better today after all your comments on this forum so thank you for making me feel more relaxed and confident. Will see what transpires now as we have daughters wedding in a few weeks and trying not to allow it to affect that!

Thanks guys...Firstly yes, i have filed a defence. I am going to contact a solicitor on Tuesday and I see the cooperative have a no win no fee for employment law matters so going to see what they can provide. I will also look at a 24 and/or a 3.4 per Andy's advice. The stress is taking its toll but we will get through it somehow.... thanks again for all relies and advice, very much appreciated...

Oh, just one more question please - now the claim has been defended by me what happens next with the on-line claim? Does a judge sit and reveiw and decide to go ahead or not or do I now go to court?

Thank you both for your comments and advice. I will respond to the claim. One thing I forgot to mention is that both of us resigned. I resigned on 22nd September and left their employ on 7th october and my wife resigned on 5th October and was supposed to leave their employ on 31st December but they stopped paying her after 1mth saying that her salary was part of my commission! I personally think they are trying to intimidate me bbecause of the MD's pending court case plus all the information i have about what has gone on in 3 1/2 years (although I have not used that information nor was intending to - that may change). It saddens me that I gave 3 1/2 loyal years and brought in so much business that kept them aflioat and this is how they treat us. Thanks again and I will update as we go along....great forum by the way!

Unfortunaetly it wont let me attach as photobucket links as I need 10 posts!