begging for help

[slavka]

ok, here we go:

 

Unfortunately I had to take my previous employer to the Employment Tribunal. They spent over 20k just on a solicitor and I have to admit he was really good so I had no chance to win. They tried to claim that money from me but thanks God the judge decided as follows:

 

"The Claimant is ordered to pay £150 to the Respondent towards the Respondent's costs."

 

"In setting the amount I have taken into account what the Claimant tells me about her financial situation at the moment. That said she is, through the help of her husband, managing to cover rent and living expenses and in my view would be at least be able to pay the above sum in a reasonable period in instalments of, for example, £15 per month as soon as she does have an income"

 

The document was issued on 03/08/12 and sent to me on 07/08/12.

 

I am in a seriously difficult financial situation and simply didnt treat it as urgent as other costs like rent, food etc.

 

Few days ago a bailiff knocked to my door and showed me Attendance To Remove for £1126.43 !!!!

 

I did NOT let him enter my property and said I have to contact my legal aid for help. He said will come back within 7 days and the charges/fees will be higher.

 

On my request he showed me a copy of Writ of Fi Fa. From that document I see that my ex employer raised the case in County Court on the very same day as the ET cost order issued - 03/08/12. On that date I didnt even know that the cost order exist!

 

If Im not wrong the ET Judge decission gives me about 10 months for repayment.

My financial situation hasnt changed within 1 day!

Is it ok that their started the whole process so soon?

 

Obviously I was not informed about any of these steps taken against me. No even a single letter was sent to me.

 

I live with my husband and our situation is getting very very bad. We can barely pay off our monthly instalments for other debts which is £600 a month all together. That writ of fi fa is simply killing us now.

My ex-employer is a multimillionaire company and I dont believe it makes them any difference if I pay now or later. They just want a revenge.

 

I am happy to pay that £150 straight away and finish the whole case asap.

 

I want to apply for 'stay of execution' and set aside. I have n244 and ex160 forms ready to be send. Just need someone to help me write a statement/explanation to the court. My english isnt that good so please I beg for help.

Edited October 8, 2012 by slavka

[slavka]

sorry, attachements added

[ims21]

Attachments unapproved

 

You need to do a better job of cleansing them...particularly the first one.

 

Don't use Adobe to blank the stuff out....blank them before conversion.

[dx100uk]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

or

convert existing PC files to PDF [office has an installable print to PDF option]

.

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all figures and dates. {DO NOT USE A BIRO OR PEN]

.

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

.

dx

[slavka]

my apologies, it should be ok now

[ploddertom]

Do I assume that you have not paid anything towards this yet? I assume this as I note the Writ was sealed on 20 September.

 

As far as the Writ is concerned I wouldn't worry unduly because as long as you deny them access to your home or otherwise prevent them levying on goods outside then the HCEO is really powerless. If you have a car parked outside then you must move it immediately as they will remove it on sight. Although the HCEO must make peaceful entry to your home he may force entry to any detached buildings on your property - garage, outhouse, shed, greenhouse etc if he believes there are goods inside that may help satisfy the debt.

 

Whilst I agree you may need to apply for a Stay of Execution against the HCEO I don't understand what you need to Set Aside. Part of the difficulty you have is that a Judgment was made at an ET for you to pay what apears to be minimal costs but as nothing has been paid to date the other side are looking for payment. Therefore I think your application for the Stay may fail & your other course of action may have been to apply for a Variation in payment but think this may fail also as you already have a reasonably low figure already set.

[tomtubby]

Sorry I know that it is late but am I missing something here??

 

A couple of years ago the government made changes that allowed a "fast track" process of RECOVERING EMPLOYMENT TRIBUNAL AWARDS by allowing the AWARDS to be enforced by way of a High Court Enforcement Officer.

 

In your case, you have NOT been AWARDED any money at all. Instead, you have been ordered to pay COSTS of £150. I am therefore at a loss to understand the legal basis for this debt to be able to be enforced by way of the High Court. The normal limit would be for the debt to be £600 or more.

 

I would strongly suggest that you contact the employment tribunal office in the morning to make enquiries.

 

PS: Which High Court Enforcement company is involved?

[slavka]

Hope I dont get banned for mentioning a company name.... it is NEWLYN High Court Enforcement Limited.

 

By saying set aside I ment that I want to pay that 150 without any funny charges - im sorry the whole thing really confuses me. I spoke with advisors from 'busines debtline', HCEO Association, CAB and no one can help me. Everyone says it's a strange case and I need to seek a legal advice from a solicitor.

I wish I could do that but cannot afford to pay £120 per hour

Edited October 8, 2012 by slavka

[brassnecked]

How on earth did the ex employer inflate the £150 to above £600 to get the writ of fi-fa, perhaps he handed it straight to Newlyn which then frontloaded it's fees to get the debt over the "magic" £600, and went for the writ I would be as per tomtubby asking the ET office some serious questions today.

Edited October 9, 2012 by brassnecked

[wonkeydonkey]

That order is very clear, you would be expected to make payment at the rate seen to be affordable to you (£15pcm) ONCE you have employment.

 

There was no provision made within the order for interest to be added so they cannot charge that.

 

As TT has said there is provision for the use of High Court Enforcement to recover any AWARD, however in your case there was no AWARD made by the tribunal and other than small costs repayment ONCE you are in employment there is nothing to permit the involvement of HCEO and the debt of £150

has been seriously inflated to permit it be transferred to a Writ of Fi' Fa'.

 

You need to speak with the Tribunal office first thing this morning, if they drag their heels come back here and I will help you with the wording to a Stay of Execution.

 

WD

[ploddertom]

How on earth did the ex employer inflate the £150 to above £600 to get the writ of fi-fa, perhaps he handed it straight to Newlyn which then frontloaded it's fees to get the debt over the "magic" £600, and went for the writ I would be as per tomtubby asking the ET office some serious questions today.

 

Unfortunately with ET cases the sum owing can be as small as 1p & can then be handed over for HCEO involvement. However it is more aimed at the employer who refuses to cough and this case appears to highlight an abuse of the system.

[brassnecked]

Unfortunately with ET cases the sum owing can be as small as 1p & can then be handed over for HCEO involvement. However it is more aimed at the employer who refuses to cough and this case appears to highlight an abuse of the system.

Thanks for that PT, you have confirmed my fears, as it appears totally disproportionate in this case, advice as per above contact Tribunals office to ask WTF is going on.

[slavka]

I called ET twice today and on both occassions have been told they cannot answer any of my questions and I need to speak with a High Court so thats what I did.

Same answer from High Court! They cannot advice or comment and I need to speak with a legal aid. WTF is wrong with this system???

[slavka]

@wonkeydonkey I really need some help with the stay of execution

 

 

please

[wonkeydonkey]

Hi

 

Sorry not to have replied sooner but I have been tied up this evening....I will get back to you tomorrow to help with the N244...I need a bigger picture to put you a statement together so I have sent you a PM as it is better to keep replies to some of the questions I need answers to ...behind closed doors.

 

WD

[slavka]

wonkeydonkey - email sent

 

Ill keep everyone updated so other ppl can use this thread for help in future

[slavka]

ok, thanks to your huge help - especially Wonkeydonkey - everything is ready and im going to visit a High Court in Strand tomorrow

[wonkeydonkey]

ok, thanks to your huge help - especially Wonkeydonkey - everything is ready and im going to visit a High Court in Strand tomorrow

 

Good Luck!!

[slavka]

CHECK THIS OUT!

 

Im not sure if this is over now. I emailed claimant and asked for their account details to make a payment - havent received any reply yet.

Is it possible they want to appeal?

 

wonkeydonkey - thank you so much for your help, I wouldnt make it without your help!

BIG THANKS to everyone!

Edited October 15, 2012 by slavka

[dx100uk]

 

well done

 

dx

[wonkeydonkey]

Well done ....but to give the forum an update to the actions I advised the cagger to take and the reason for doing so....

 

The Tribunal had awarded the claimant a small amount (£150) to their bill of costs,(20k) it was clearly outlined the defendant would be expected to make payments to this at £15pcm WHEN in the position to have an independent income(a job) that permitted payments to commence.

 

That the claimant took no steps to enquire if the defendant was positioned to commence with a repayment plan but took to enforce with the aid of HCE.

 

I advised an application to a stay of execution and set aside of the Writ on the grounds the claimant had created fees that were disproportionate to the amount owed. .....it would appear the Court agreed!!!

 

Well done slavka you were a dream to work with, it is always hard to put your trust in a total stranger but you did and for that I say a big THANK YOU.

 

WD

[zydeco]

Well, all I can say is well done WD!!

When an employer is prepared to spend 20k at an employment tribunal there's something wrong.

When they pull a fast one and push it up to HCE there's definitely something wrong.

Again well done and perhaps a re-examination of the original dispute might be worth a look??

[brassnecked]

Excellent result WD, all my hats off to you yes something amiss here when £150 can become thousands due to a rapacious ex-employer and a HCEO

[ploddertom]

Pleased to hear this, in my view think they may be stupid to appeal given the comments of the Judge.

[wonkeydonkey]

Well, all I can say is well done WD!!

When an employer is prepared to spend 20k at an employment tribunal there's something wrong.

When they pull a fast one and push it up to HCE there's definitely something wrong.

Again well done and perhaps a re-examination of the original dispute might be worth a look??

 

Having now seen all the documentation appertaining to the OP's claim ...I am stunned to read the appeal failed, the evidence to unfair dismissal is so strong and with the right representation this case should be appealed. That of course is easy to say but, the trauma of having gone into the tribunal and having stood alone could understandably leave the OP content to put the matter aside.

 

WD