Your advice is extremely helpful BankFodder. I am going to fill in the admission form and defence form with the amount I admit to pay. I will pay what I owe plus the court fee, but feel it necessary to fight the solicitor and interest fee. I will certainly be taking your advice re defence of estoppel, as I do not accept liability and the change of position defence should not leave me in financial hardship. As you suggested I will include all correspondence as evidence to support my co-operation and their lack of. Detailing their numerous breaches of Employment Laws. Although I am at fault for missing payments if I defected on the arrangement a further letter before claim should have been sent before the actual claim. I will fill in this form and send it off and let you know the outcome. If I am sending the admission and defence, do both go back to the court and then they liase with the claimant?

Hi BankFodder- I'm afraid I have just paid an instalment today so that must mean I have lost any possibility to defend. I did get advice on estoppel and also that there was a change of position as I was unemployed and the funds had been spent, however I received the money in good faith. *Left employment Feb 13 *Previous employer wrote to me March 13 advising overpayment of £600 and to repay within 7 days. * I responded late March requesting wage slip and P45. *Employer supplied incorrect wage slip with no letter to explain. * I again wrote to them in April requesting a breakdown of why I was overpaid, had still not received P45 and hmrc had no record of anything being filed. *HMRC confirmed P45 had been filed by previous employer - still no reply from employer from last letter in April. *August received a letter before claim from previous employers solicitors, I sent a letter including all me previous correspondence and proof of postage to show they had ignored me. *Employer replied a week later apologising that they never received letter although it had been signed for, they provided the breakdown and I agreed to repay the amount of £600. *Paid £100 in August, then agreed to 10 monthly instalments of £50. *I paid instalments in September and October, in November I wrote to previous employer requesting payments be reduced as financial circumstances had changed. * Never received a response and I unfortunately forgot about the payments after Christmas and moving home etc. *Then received Claim form from previous employers solicitor yesterday. All my correspondence to them has been recorded except for my last letter requesting for my payments to be reduced. I want to pay the amount so I can close it off as I've had enough of dealing with these people. I just want to make sure it is done without me incurring a CCJ on my credit file. So from what I gather from your last post, the fact I have made a payment means they will make a judgement regardless even if I pay within the next 2 weeks? Sorry for being long winded I am getting a bit confused with all of this

Thanks Sabresheep, I know my options are limited due to missing payments. If I had continued they would be due to finish next month. I may pay the full amount over the next week therefore the debts is settled earlier then agreed.

The company may deduct from your wages any sums due by you to it including, without limitation , any overpayments, loans or advances made to you by the company. You will receive prior written notice of the company's intention to make the deduction. You authorise such deductions upon signing this contract.

Thanks for your advice- apologies for not explaining this better. So the amount is for over paid wages from a previous employer. They notified me last year but with held my request for payslip, p45 or explanation of how the overpayment was calculated. This went on for several months. Their solicitors sent me a letter before claim in August, I responded with proof I had tried to contact them to resolve and they had apparently not received my last letter. So I agreed repayments with the company. 4 months into the payments my financial circumstances changed and I wrote in November requesting for the monthly payment to be reduced- never received a reply. I cancelled my standing order whilst awaiting a response and then admittedly forgot about the payments (my own fault). Since then there has been no contact until this claim form arrived, I would have thought another letter before claim would need to be sent but I assume as I missed monthly payments they saw this as a breach. I will definitely make a payment asap as you suggested, so in your opinion I should admit the £400 plus £50 claim costs in goodwill? My main concern is I would like to resolve this out of court and do not want a CCJ. If I make reasonable attempt to resolve and the court agrees do I still get a CCJ because a claim was made in the first place?

Hi Sidewinder Thank you for your reply. I am definitely going to contact them with a proposal- should I do this direct to the company or to the solicitors acting on their behalf? I was going to propose to pay £400 and the £50 court cost for the claim. They are trying to claim for solicitor fees and interest on the amount which I do not want to pay, do I only have to pay this amount if the judgement is passed or do I have to defend these fees. Although I forgot about the debt they had means to contact me and did not. If they refuse my offer and the Judgement is passed but I pay it within the 28 days, will it still show on my credit file?

Hi All Long story short my previous employer claimed to have overpaid me by £600. I have since paid £200, last payment October 2013. I wrote to them shortly after this requesting for my payments to be reduced as I became a full time student. I never received a response and then forgot about the payments (MY FAULT). They have sent a claim for to recover the amount, but I am happy to pay the £400, but not the interest court fees and solicitors cost they are claiming. I would like to pay 4x£100 starting from this month. Are the courts likely to accept this and not give me a CCJ or does it need to be paid in full? I've never had one of these before so unsure of what to do, any advice would be greatly appreciated. Thanks

Is there anything else I can try in terms of writing to them it suggestions on what to try. I never had any penalty fees with them and conducted my account very well prior to this

So if they had not passed it to moorcroft I would not have been defaulted.

Yes it now says satisfied and the file is marked with Argos (home retail group). I appreciate what your saying as it is not their fault I missed the payments, however I don't understand why they took a payment and then defaulted me 21 days later. I know it's my responsibility I just don't want this default hanging over my head for 4 years ruining my credit score.

Hi Everyone I took out an Argos store card in 2009 and never missed a payment with them. In September 2011 I became quite ill and went into hospital, I missed both my September and October payments, meaning the last payment they received was 31st August 2011. Upon my health improving I immediately contacted Argos and made a payment on 8th November 2011, I then called again on 28th November to make another payment and was advised they would not accept my payment and I had to contact moorcroft debt recovery. Moorcroft said they were now responsible for my account but they had not purchased the debt. I set up a payment plan and settled the account December 2012. Then a default appeared on my credit file dated 29th November 2011. I never received a default notice and I have queried this with Argos who say they must record true events and they will not remove it. They have also sent a copy if my original credit file. I have always had good credit and never had a default before this. I want to get a mortgage and my broker said it will have an effect as it was within the last 3 years. What else can I do to get rid of it, it's ruining my credit score and will be there for another 4 years. Please help!!

Exactly they will have only given their version of events. My former employer has breached the employee rights act on many occasions in regards to not supplying payslips & p45 etc. I'm trying to get the matter sorted and they ignore letters and get divisors involved. It's like they are trying to avoid explaining the error in black and white. Thanks for the tip, I will definetley include both parties.

Ok that's great thanks for your help an advice. Always good to have some reassurance that I'm taking the correct course of action.

CitizenB- just a rough draft from the top of my head. Any tweaking to make a statement would be much appreciated

Dear xxx I write in response to a letter received 1st August from your legal representatives. I wrote to you via recorded delivery (copy of receipt enclosed) which was signed for by a member of your staff on 8th may 2013. The letter was marked for the attention if HR, even though effort was made on my part to resolve the matter your company chose to ignore my letter and not respond. Since the issue came to light you have sent me the incorrect wage slip and not the corrected one. I have asked on numerous occasions for a breakdown of the payment of what I should of been paid in order to understand why I have been overpaid. It is not an unreasonable request. Upon receipt if this information I will be happy to begin repayment as requested. You have also failed to supply my P45 even after 5 months of leaving the company. It is extremely unreasonable to with hold this due to the overpayment issue. HMRC are aware of this and they have received a detailed letter informing them if this issue. If you chose to proceed with court action I will defend until the written breakdown had been supplied. I wish to resolve this matter as soon as possible as I am sure you do also. Kind regards

Ahh thanks citizen B didn't have a clue how to do that lol. I shall write to them and hope for the best, after how unhelpful they have been I will suggest repayment at a schedule suitable to me. I left 5 months ago and still no p45!!

Thanks Emmzzi When they have supplied the breakdown must I pay in full or can I pay monthly repayments which suit me?

Thanks for your advice guys, so if I write to them requesting a breakdown they should comply. What is your opinion on the payment in 7 days am I able to tell them what monthly repayments I am willing to pay or do they decide how much?

Hi thanks for the replies, I left feb 2013 and had been an employee for 6.5 years. The last time wrote to them was mid April, recorded delivery and I never had a response. The letter says to respond to my old employer not the solicitor. So if I respond within 7 days offering to repay if they provide what I request do you think they can still take me to court if I haven't paid it in full within 7 days?

Hi All I hope I am the correct forum so here goes (fingers crossed) I left my employer of 6 & a half years in early feb, final wage 28th feb. I did not receive a wage slip or p45. At the end of March I received a letter claiming I was over paid by £580 and to send a cheque immediately. I received basic salary, bonus, untaken holiday pay & redundancy pay. Therefore the amount was substantially higher than my normal salary and no final amount confirmed by my employer. I was unemployed and the majority of the money spent by the time I received the letter. I wrote to them requesting my pay slip and a breakdown of how the overpayment was made so I could arrange repayment. 2 weeks later I received the incorrect pay slip,the following week another letter requesting the amount in full. I again wrote to them requesting an explanation of why/how I was overpaid, so we could agree a repayment schedule. I never received a reply. Today I received a letter from their solicitor saying it is a "letter of claim under the civil procedure rules 1998" basically saying they have written to me and feel I have do e nothing about it and that I must pay the amount in the next 7 days or my former employer will issue proceedings against me for breach of contract in the County court. I want to repay the amount but feel it is only fair they tell me how the error was made as iv also over paid tax due to this. Can they actually take me to court in 7 days or is it a scare tactic to get the full amount. I can repay but it would be in instalments. Any advice would be greatly appreciated. Thanks

I did not receive a default letter there was one which said to contact them really overdue monthly payment and this was it. The man at Argos said I HAD to pay moorcroft but thanks for the future warning. I just don't understand how the defaulted me 29th November when I made payments 8th & 29th nov. and no I have never been late with payments before. Should I write another letter?

It literally says 1 & 2 then 8's. however 1 and 2 correspond to August July it gets ver hotl

Hi All I got an Argos Card through the Home Retail group which I initially received in 2009, I was ill September/October 2011 and missed the payments on both months. My last payment prior to this was 30th Aug 2011 and when I came out of Hospital I contacted Argos to make payment 8th November 2011. The advisor said he could take my payment however any future payments need to be done through Moorcroft debt recovery. He was rude and blunt and said he could be of no further assistance to me. I contacted Moorcoft and arranged direct debit payment schedule to pay off the £500 on my account which I completed paying November 2012. Earlier this year I applied for a mortgage and was rejected, I checked my credit file to see the Argos account in red defaulted but satisfied dated November 2011. This must be the reason I was declined I have never had a default and never miss payments with the exception of when I was ill in hospital. I wrote a letter to Home Retail group including my credit report and also a postal order explaining the question and politely requesting the default be removed as I was unaware it had been issued and made effort to repay my balance as soon as I could. I also asked they supply me with a true CCA if they could not do this to remove the default. 14 days letter they have replied saying they are sorry they have to mark true events in relation to my financial conduct and that is it they have ignored everything else and not supplied the cca or my postal order. Can anybody help to advise me on what I should do/say next? Thanks