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Employer wants 3 years of salary back!!! - ** Case struck out **


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Indeed, but serving the notice would be nice.

I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

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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.

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Maybe you can get this added to his fraud case as evidence that he is NOT as unstable as he appears and likes to misuse the courts left, right and centre, and also mention about the bouncing cheque as that could be crucial against him.

 

Well done for hanging on and countering this ludicrous claim against you.

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Woo, well done! Must be a huge weight off your mind! :whoo:

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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Great News..as following this was interest especially as it appeared a great reason to use Summary Judgment/Strike Out (that I had used successfully) but of course it didnt get that far.

 

A few points, he may be able to attempt to strike out the set aside, you can defend against this, he must show very good reason and proof (CPR 3.9) why he didnt pay, again, this is what happened to me, and the set aside was dismissed.

 

Are costs claimable at this stage ?

 

Andy

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Great News..as following this was interest especially as it appeared a great reason to use Summary Judgment/Strike Out (that I had used successfully) but of course it didnt get that far.

 

A few points, he may be able to attempt to strike out the set aside, you can defend against this, he must show very good reason and proof (CPR 3.9) why he didnt pay, again, this is what happened to me, and the set aside was dismissed.

 

Are costs claimable at this stage ?

 

Andy

 

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 :smile:

 

Thanks,

John

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In my case, the other side's solicitor didnt really have a good reason as to why the fees were not paid, apart from being 'busy', clearly this wasnt good enough :) for 3.9.

 

I'm sure one of the others will verify if costs are claimable, I assume you didnt pay any court fees ?, if you can get costs, it should be simple enough to put in an application for x hours x £18 LiP rate, might get enough to treat the wife to a meal out.......even if its McD's :)

 

Andy

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