A very strange situation please help!!!

[shamsa01]

My husband used to work at sainsbury's while he was a trainee duty manager his company has over paid him for four months and after four months he has been called into the office and HR manger has told him that he has been over paid for four months and that was not my husband's fault and requested to pay back the over paid salary by monthly instalements the figure was 4500 pounds. He requested my husband if he wont pay the money back to the company than the HR manager would lose his job. My husband has agreed to pay 75 pound every month deducted from his salary. After one year my husband has resign from the company. They have deducted his whole salary. and after few months they send him the letter from the court that he owe them 3700 pounds and they are going to take court action which my husband has ignored straight away. The money he owed was stated as a personal loan on the letter. Today he was checking his credit report and saw that debt as a ccj. now first of all my husband has never taken any loan from them and never signed any documents it was their mistake that they have over paid him while he was a trainee duty manager and was not trained in payroll as well. Please advise what can I do to challenge them and get that ccj removed from his file. Thanks

[BankFodder]

Read about estoppel.

 

Phone the court quoting the claim number and request copies of all the documents.

Once you get them come back here and we will help you apply for a setaside. - Pretty easy to do.

 

We can have a look at the entire problem once you have all the information

[shamsa01]

I wanted to pursue this matter only if there is a chance that i will win the case. please advice.Thanks

[shamsa01]

The judgment has been given in 2010 in my husband's absence. should i wait for it to become statutory barred?Thanks

[BankFodder]

CCJs don't become statute barred.

 

Get all the info and we'll let you know what your chances are.

 

On the basis of your account above, your chances are excellent - but of course we need to know the details

[BankFodder]

Just to add that the final outcome could either be that they are estopped from asking for the money back or else they will have to accept instalments without a court judgment

[shamsa01]

I have lost that letter and dont know the case number. Any advise how can i get hold of all the documents or should I SAR to the company? But my husband has ignore the letter from the court is that going to be problem? Thanks

[BankFodder]

I imagine that the credit file would have a note of the claim number so try that.

An SAR to the company is a very good idea. - Essential, in fact.

 

Having ignored the letter is not necessarily a problem.

 

Get all the info and then we'll see.

[shamsa01]

I have found the case id. and also please explain to me why it appears on the credit report as outstanding public report ,is this same as ccj? Sorry if I am asking a totally silly question.Thanks

[shamsa01]

Is ignoring the letter from the court in the past going to be a problem if we apply for setaside.Thanks

[shamsa01]

I have read on one site it says that if you have ignored the letters from the court than you can have a problem to apply for setaside. thanks

[Lea_HTH]

My husband used to work at sainsbury's while he was a trainee duty manager his company has over paid him for four months and after four months he has been called into the office and HR manger has told him that he has been over paid for four months and that was not my husband's fault and requested to pay back the over paid salary by monthly instalements the figure was 4500 pounds. He requested my husband if he wont pay the money back to the company than the HR manager would lose his job. My husband has agreed to pay 75 pound every month deducted from his salary. After one year my husband has resign from the company. They have deducted his whole salary. and after few months they send him the letter from the court that he owe them 3700 pounds and they are going to take court action which my husband has ignored straight away. The money he owed was stated as a personal loan on the letter. Today he was checking his credit report and saw that debt as a ccj. now first of all my husband has never taken any loan from them and never signed any documents it was their mistake that they have over paid him while he was a trainee duty manager and was not trained in payroll as well. Please advise what can I do to challenge them and get that ccj removed from his file. Thanks

 

Firstly, overpaid salary is always going to be overpaid salary, and as such is always going to be recoverable. Because it was their error, they conceded to be repaid at a fixed amount. Your husband paid for 12 months at 75 pounds per month, totalling 900 pounds (presumably), and then chose to leave the job. at which point his final salary was deducted and probably was insufficient to recover the entire debt. Leaving the job did not mean he no longer had to repay the money.

 

It seems a bit odd that your husband didn't notice that he was receiving an overpayment of over 1100 pounds per month when he should have been on a trainee manager's salary - that's quite a substantial difference. Nonetheless, they accepted it was their error, and your husband accepted there was an issue and agreed to repay the money.

 

The bit I have put in bold in the quote above states a letter came from the court, but then states it said they'd take court action. If in fact the letter did come from the court, then you would have had notice of the court case, and as such the likelihood of getting the CCJ set aside is slim.

 

Even if you get the CCJ set aside, your husband will still owe them the money. It was a mistake, theirs admittedly, but the law doesn't allow people to profit from such a mistake - the legal term is unjust enrichment.

 

Now, since Sainsbury's appear to have secured a judgment for the outstanding sum in their favour, it is highly likely that your husband's contract of employment specified that any overpayment in wages, unrecoverable through deduction from future wages, would in fact become a civil debt - and thereby recoverable through the courts. Your husband will need to check his contract of employment.

 

I'd suggest challenging this issue will require the assistance of a legal adviser, either CAB employment adviser, or a solicitor, but for what it's worth, I don't think it's likely that you will 'win'.

[havinastella]

I have to agree With Lea!

 

You have openly admitted you ignored Court papers! Lie in Court and thats contempt (prison sentence)

 

Your Husband owes this money pure and simple! Try to sort out a repayment figure that suits all!

 

Jogs

[shamsa01]

There are few things i need to clear here, while my husband was on training he was doing a lot of over time and he thought that he is getting paid for that but latter the HR manager said that over time does not count towards the salary. And he was not a signed off duty manager at that time . The hours showing on the salary slips was correct and the wage rate was also correct. It was only that instead of salary they were paying him on hourly basis. Thanks

[Lea_HTH]

How much was your husband's normal salary each month?

[shamsa01]

our financial position is not very good at the moment . What would happened if we ignore this debt. Is it going to cause further problems for example bankrupcy or any thing else. and how long it will take to be removed from the credit file if we dont pay it. Thanks.

[shamsa01]

he was getting paid on hourly basis and supposed to get salary after he signed of. HR manger had accepted his mistake and told my husband that he can lose his job over that.

[Lea_HTH]

Your husband's biggest issue here is that he ACCEPTED an error had been made, and for a year he agreed for them to deduct 75 pounds a month to repay the overpayment. Then, presumably when he left and his final salary was deducted, he didn't raise an issue at that point. Your husband then subsequently ignored court paperwork (according to your initial post - if it was just a letter before action, that may be slightly different). When your husband left the employ of Sainsbury's he knew he still owed them money.

 

I am afraid that Sainsbury's has done all that they could to reasonably collect the money, and your husband ignoring them has not helped his situation one tiny bit, and in fact, is highly detrimental. I do not think you can get the judgment set aside on the basis of the information you have provided here. Attempting to do so would require some form of dishonesty on your husband's part - i.e. claiming he did not know a) of the debt and b) of the court action - neither of those are true, and the first is VERY easily shown to be untrue because there are a year of payments plus a final salary deduction that were made with either his consent or his lack of action to prevent it.

 

Sainsbury's, now they are the proud owners of a CCJ, may decide not to enforce recovery - but on the other hand they may decide to enforce, which could mean a charging order on your house (if you own it), an attachment to earnings, bailiffs coming to the house, or bankruptcy (if they think it's worth it).

[shamsa01]

we have received only one letter from the court and after that nothing.I didnt know about the ccj until today. And the letter didnot say that its a summon or we need to attend court. It only mentioned that sainsburys has filed a case against my husband. My husband is not working,we dont owe a house either. and please let me know if we dont pay ccj when its going to be removed from the file?Thanks

[Lea_HTH]

What EXACTLY does this letter from the court state? Type it out in full - or scan it in, delete identifying information, and post a copy to the thread.

 

Whenexactly did the overpayment occur, i.e. what months/year? What month/year did your husband leave Sainsbury's? What date did you receive the letter from the court?

 

Lastly, again, how much was your husband's usual salary? You state the amount was correct on the wage slip...

[shamsa01]

As i have mentioned earlier i have lost that letter . Please suggest how can obtain a copy of that letter. From court or from sainsburys. Thanks

[shamsa01]

my husband left the job in nov 2009. And the over payment accured in 2008 about same month. Thanks

[Lea_HTH]

I doubt the letter said what you think it did. Courts do not send out letters saying 'action will be taken', they send out letters saying 'here's your court date, PoC to follow' or similar.

 

I doubt the letter will assist you. Re-read what has already been stated - you are unlikely to 'win' given your husband's acceptance, and part repayment, of the debt.

[BankFodder]

Sorry - but things are getting carried away here.

 

Firstly, overpayments are recoverable - subject the rules in estoppel. Please, all of you read up about estoppel which is a very important rule of English law.

 

Secondly, even if papers have been ignored, this is not fatal. If there is an arguable defence which stands a chance of success, then a setaside will be granted.

 

Finally, even if the money has to be repaid, it would be repaid by manageable instalments - and if there is a loan agreement in place as suggested by the company, then they would have to abide by the terms of that loan.

 

If there is a loan agreement which was then breached by the employee, then that changes things, of course but that is not what we are being told here.

 

I'm sorry to say that lot of the comments being made on this thread are plainly wrong and will only cause fear and confusion to the Original Poster here and to others who might need similar advice.

 

I don't think that anymore should be said until the court documents have been obtained and the SAR disclosure has been made.

[BankFodder]

Firstly, overpaid salary is always going to be overpaid salary, and as such is always going to be recoverable. Because it was their error, they conceded to be repaid at a fixed amount. Your husband paid for 12 months at 75 pounds per month, totalling 900 pounds (presumably), and then chose to leave the job. at which point his final salary was deducted and probably was insufficient to recover the entire debt. Leaving the job did not mean he no longer had to repay the money.

 

It seems a bit odd that your husband didn't notice that he was receiving an overpayment of over 1100 pounds per month when he should have been on a trainee manager's salary - that's quite a substantial difference. Nonetheless, they accepted it was their error, and your husband accepted there was an issue and agreed to repay the money.

 

The bit I have put in bold in the quote above states a letter came from the court, but then states it said they'd take court action. If in fact the letter did come from the court, then you would have had notice of the court case, and as such the likelihood of getting the CCJ set aside is slim.

 

Even if you get the CCJ set aside, your husband will still owe them the money. It was a mistake, theirs admittedly, but the law doesn't allow people to profit from such a mistake - the legal term is unjust enrichment.

 

Now, since Sainsbury's appear to have secured a judgment for the outstanding sum in their favour, it is highly likely that your husband's contract of employment specified that any overpayment in wages, unrecoverable through deduction from future wages, would in fact become a civil debt - and thereby recoverable through the courts. Your husband will need to check his contract of employment.

 

I'd suggest challenging this issue will require the assistance of a legal adviser, either CAB employment adviser, or a solicitor, but for what it's worth, I don't think it's likely that you will 'win'.

 

Sorry but this is mainly wrong