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Can an employee be sued by a customer booking a holiday? HELP


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Hi..

I'll take this slow as I have had the this letter and I am beside myself..

3 weeks ago I recieved a letter from my local court asking for an attachment of earnings to be heard.

After a few frantic phone calls I discovered a customer of mine 3 years ago who booked a holiday in a branch I was working at was sueing me for £1000 as he claims the hotel would have been £700 cheaper if booked direct whilst abroad.

He placed a claim back in 2009 using the office address to me but as I had left I knew nothing..

I have found out that because I did not respond that the court ruled in his favour, thus I was to pay him..

He has apparently made several attempts to get his monies..In May this year he seems to have obtained my home address and put in a new claim for the monies to be attached to my earnings..

I have sent a N244 to request the judgment to be set aside but yesterday a Court Baliff gave me a form to fill in for my earning to be deducted..

How can this happen when I have asked to have the judgment set aside??

 

I guess what I am asking is do I really have to fill in this form and can an employee for a large travel organization be held accountable for selling a holiday when I have nothing to do with cost, contacts or commissions..all I simply do is press a button?

 

Help..I am well out of my depth here

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Hi kerry

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

Thread moved.

 

Are your company aware of this?

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Wow this is wrong on many many levels.

 

Do you still work for the employer?

Are you a member of a union?

They can't lawfully sue an employee at a place of work .

Was the original claim filed in MCOL Northampton by any chance?

They might have a claim against the company but it would still need to be correctly served to the registered office.

Did you get a copy of the original claim before you filed your set aside application?

Report him to the police as a stalker as he's tracked you from work to home.

I suggest you speak with your branch manager about this. You've done nothing wrong so there's no need to be embarrassed the guys obviously some sort of loon. Get your manager to contact head office and the company legal dept (I assume they have one).

the claim if any existed was handled completely incorrectly and is a crass abuse of the legal system. You need to hammer this person but try to involve your companies legal dept to take the strain off you.

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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Hi Jasper..

Thank you for replying..

I left the company 18 months ago..I have exactly 3 peices of paper. I was the letter allerting me to the problem 3 weeks ago..It said nothing apart from it has been transfered to my local court for the 'attachment of earnings'. I also have an email form the claims people which shows me the wording of his claim and now a letter from the Baliffs asking me to fill in the form for me earnings breakdown and what I have offered to apy each month..

The legal department are sending me a letter which they have suggested I take to the court explaining that I was an employee and not a Manager at headoffice who agree contracts and costings ofr the holidays we sell.

They are also stating that if the Claiment wishes then he can sue them but would still lose as he has paid brochure prices and signed the T&C..

 

I cannot believe he was able to obtain my home address, I still dont know how he did..I am so angry with the branch in question as in July 2009 I was at another branch 1 mile up the road and they never mentioned anything to me..

 

As I no longer work for the company I have no Union representative..

 

I cant believe I have to go to court on the 5th July..

 

Is there even a slim chance I could lose?

 

Thank you again

 

Kerry

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They are now, however In left 18 months ago..

My only concern is i have 8 days to fill this form or face prison...

I am really concerned

 

I assume you are now in full time employment else were speak to your HR section and explain what

is happening, set a side etc.You can also file application to suspend the AOE.

 

You have 14 days to tell the court you disagree with the terms of the order. You should write to the court and keep a copy of your letter. You may have asked for the order to be suspended and need to give the court more details about why your employment may be affected. You may find the court has set the installments too high. A hearing will be arranged in your local county court with a district judge in their private rooms. Make sure you go to the hearing and take with you your personal budget and details of your other debts. At the hearing you should explain to the district judge why the level of the attachment of earnings will cause problems or how the order will affect your job if it is not suspended.

 

The claimant can only issue the AoE having attained the CCJ if you have fallen behind with at least one payment, and you owe more than £50, a creditor is within their rights to apply to the court for an Attachment of Earnings.

 

Regards

 

Andy

 

.

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Hi andy

 

Kerry is disputing the claim in full, she hasn't had the opportunity to defend it, as she was unaware that a claim had been filed against her.

In any case any claim should have been filed against the company as she was employed by the company.

 

I assume you are now in full time employment else were speak to your HR section and explain what

is happening, set a side etc.You can also file application to suspend the AOE.

 

You have 14 days to tell the court you disagree with the terms of the order. You should write to the court and keep a copy of your letter. You may have asked for the order to be suspended and need to give the court more details about why your employment may be affected. You may find the court has set the installments too high. A hearing will be arranged in your local county court with a district judge in their private rooms. Make sure you go to the hearing and take with you your personal budget and details of your other debts. At the hearing you should explain to the district judge why the level of the attachment of earnings will cause problems or how the order will affect your job if it is not suspended.

 

The claimant can only issue the AoE having attained the CCJ if you have fallen behind with at least one payment, and you owe more than £50, a creditor is within their rights to apply to the court for an Attachment of Earnings.

 

Regards

 

Andy

 

.

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Hi Andy..

I have the CCJ as the claiment used the Branch address and my name and as far as the court is concerned it was issued, however as I no longer work there and the staff failed to advise me of this order I did not respond..Like I said the first I knew of anything was 3 weeks ago and it was judged in favour of the claiment in July 2009..

 

I have asked for the judgement to be set aside and have a date for the hearing on the 5th July 2011 but in the mean time this Baliff has asked me to fill in the attchehment of earning breakdown..As far as I am aware no amounts have been agreed and my employers have not been asked to contibute from my wages..

 

I have already been told that when this gets a hearing as I was an employee and had nothing to do with holiday charges or commissions I will win but in the mean time I have 8 days to respond to this letter or face prision...

 

what I really need to know, do I fill it in or write a letter to the court explaining this is rediculous..

 

its almost like I buy a jar of Marmite from Tesco, seeing it cheaper at Asda then sueing the cashier at Tesco for selling it to me...

 

My head hurts as this really does npot amke any sense to me..

 

Cheers

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Hi Rebel

 

Yes Im aware of that and note she has made application set a side.However she need to deal with the

AoE and stop it in its tracks for the above reasons.Clock is ticking and failure to deal with it correctly

can have sever implications as Kerry is already aware of.

 

Deal with the AoE then return to the SaS.

 

Regards

 

Andy

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You have 14 days to tell the court you disagree with the terms of the order. You should write to the court and keep a copy of your letter. You may have asked for the order to be suspended and need to give the court more details about why the Judgment is wrong.Also include your application to SaS details. A hearing will be arranged in your local county courtlink3.gif with a district judge in their private rooms.

We could do with some help from you.

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Hi Kerry,

 

Have you asked your previous employers to see if they can hirer a solicitor to deal with the matter.

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Hi Andy..

 

so if I send a letter asking for the AOE to be at least delayed until the court hearing on the 5th Jul and hope that the judge realizes the mistake the claiment has made that as an employee its not me he sues but the company (which surely he will lose anyway) that should be enough??

 

I know i'm being thick but this is all new to me being that I have never been sued before :)

 

Kind Regards

Kerry

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The contract entered into by the claimant in this case was between the Travel Agent and the claimant and therefore (as rightly pointed out by the op's former employer), if the claimant has any cause of action then such cause would simply be with the company and not the employee of that company, there is no contract between the employee thereof and the claimant.

 

Your defence (apart from no service of the claim) is that the claimant has no argument in law against you since there is no contract between you and him, nor was there ever any such legal or otherwise relationship between you two parties. The claimant would know, ought to know, who he entered into a contract with, as the employee in this case, you are not legally responsible for any damages he claims to have entitlement to.

 

Kind regards

 

The Mould

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Hi Andy..

 

so if I send a letter asking for the AOE to be at least delayed until the court hearing on the 5th Jul and hope that the judge realizes the mistake the claiment has made that as an employee its not me he sues but the company (which surely he will lose anyway) that should be enough??

 

I know i'm being thick but this is all new to me being that I have never been sued before :)

 

Kind Regards

Kerry

 

Yes, send a request for Stay of Execution.

 

Kind regards

 

The Mould

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5th of July being your S a S hearing. Ok I personally would ring the Court that as issued the AoE

and explain the position and that you have an hearing to set a side the Judgment.They should instruct you on what options you need to follow

to enable suspension of the AoE. Follow it in writing recorded delivery and create a paper trail.

 

Have you tracked down the original Judgment paperwork and which Court issued it?

You will need this for the claim number and to prepare for your hearing on the S a S.

 

Regards

 

Andy

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Hi Mould..

'Stay of execution'..Not sure I like the sound of that!

I am assuming I can find out what this means on-line?

 

Same as suspend but sounds more dramatic:lol:

We could do with some help from you.

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Hi Andy..

Yes it was at Northampton..I have the Claim number but have only managed to get a 1 paragragh email re his original claim..

I have drafted a letter to ask that the AOE be suspended until the 5th Jul due to thats when the SAS will be heard..I am hoping this is enough but will let u know on the 23rd if I am here or not ::mad2:

 

I am still amazed that this has been allowed to get to this ..

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I am still amazed that this has been allowed to get to this ..

 

The court process is wide open to abuse, these forums are full of instances where MCOL is used as a money making conveyor belt by litigators playing the percentage game.

 

It works along these lines.

File a claim at MCOL against someone, it can be anyone and you don't need any proof or even (as you've found) the correct details.

If the address is wrong the person wont know anything about it until it's too late.

If the address is correct a sizeable percentage of people ignore the claim and fail to defend it.

Sometimes somebody will actually receive the paperwork, defend and the claim often gets discontinued.

If no defence is filed for whatever reason then a default judgment follows.

It costs the person to apply for a set aside.

the courts don't mind because they get two lots of fees for the same claim.

Once a CCJ is in place then that can be used to apply for an AOE etc.

Nobody will even look at the merits of the claim unless a defence is filed.

Statistically around 90% of all judgments filed through Northampton are default judgments.This makes the percentages pretty good in favour of the litigator.

Often the first someone knows about a ccj is when they are refused credit.

 

For all you know this person could be funding his holidays by making claims against travel agents.

 

the claim is vexatious and he should be punished accordingly on costs and damages.

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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Hi Jasper..

I found reading your response most interesting..Do people really behave in such a disgusting manner??

I find it incredible that people act like this..I am waiting for my letter which I will duely take to the court so I do not have to fill in this AOE form..once I have it I will get my day in court..

 

We put a claim in for petrol, calls, time off and the court fee but I am now thinking I should have doubled it..

Any chance you know if I can do that having already put my N244 in??

 

Thanks in advance

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Do people really behave in such a disgusting manner??

 

I know of somebody who got one of those prepaid credit cards in an assumed name from a friends address and issued a claim against her ex husband in a false name at his old/her current address. needless to say she didn't pass the paperwork on and the ccj that was registered against him prevented him and his new partner from purchasing a property and setting up home together. It also caused massive problems for his partner as she was by that time a linked person. Took about 18 months to get to the bottom of it by which time he'd had his overdraft called in and his credit limits reeled in on his cards. He was luckily in a position that he could pay the od etc. on demand as otherwise he'd have been part of the demand/default cycle.

 

When a solicitor does it for a living it's looked on as speculative litigating mistakes are blamed on computer errors and staff are "retrained"........... Bryan Carter are the undisputed kings of the default judgment and tend to discontinue at the first scent of a defence.

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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This claim is so absurd it's comical!

 

There is not a chance in hell that the CCJ will stand.

 

Hi Ganymede.

I hope your right..after the kind responses on here

yesterday I was quiet optamistic, however, I needed to drop 2 letters down to the court, 1 being a letter from a solicitor

saying I was an employee and the other being a letter to a

court bailiff explaining how inappropriate filling in a statement of means form until my day in court.. I bounced in with a spring in my step to be confronted by a court clerk who told me it's very rare that a judgement is set aside once issued as I should have responds in the first place!!!!

 

I calmly said if it was sent to my home address and not the branch I would have...she took the letters and appeared to place them on a very large stack of paperwork...

 

Thus this afternoon I'm not so confident...

 

Fingers crossed Ill let u know the outcome on the 5/7/11

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