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    • Hello All,   A friend of mine started work for a care home around eleven months ago.   From the very start they over paid her and it has just come to light.   I do not know for sure if she was aware of the over-payment, (she is cunning enough to be aware and dizzy enough to not notice!, with apologies to feminist readers!!).   The company has now demanded she repay the over-payment.  I am not clear what the sums are but she was contracted for around 20 hours a week and was paid for thirty so I would estimate 40 hours x minimum wage x 11 months so something like £3500.  (Please don't comment that this was a huge number that she should have noticed, I already know!).   At first they told her she could not leave until she had paid it back, finally an arrangement was made that she will repay at the rate of £50 per month and must settle the balance if she leaves before she has paid it back and they have made her sign a contract to that effect.   I take the view that whether or not she has an obligation to pay it back there should not be any contract that in effect ties her to the place.  She should be free to give notice and work elsewhere, any repayment should be at a rate she can afford and if she has a better job offer she should be able to take it without having to wait to pay back the overpay.   I would be most grateful for any CAG'ers opinions and comments on this matter and what her rights and obligations are. 
    • Just a further update! So far no documentation for SAR request. I have also trawled back through an old BT email account I am still using , found email conversations between myself , HR and union rep. There is mention of my ongoing case with the company, correspondence with HR about coming back to site for follow up interviews and dealings with my rep up to the point I handed in my resignation which was Feb 2014. As far as I can see these conversations prove that I was on suspended leave pending investigation. Coupled with the fact the SAR if it ever appears will not have these email trails as I suspect my works email account was deleted a long time back.  In terms of the mediation I have already noted that I do not have all the relevant information so this will render any mediation useless which should proceed it to court.  For now I will keep these cards close to my chest and provide those documents at a later date. I feel confident that a judge will throw this out on the grounds of their lack of evidence in the first instance. 
    • Glick, is that rhyming slang?   Nice if you could phrase your own opinions an thoughts.
    • Thank you for the clarification, people should be along to advise later.   HB
    • Anyway now I am repeating myself.I will say that, if the Magistrate is merely witnessing the Declaration was made, why in part 23 does it say the court may accept service of such a declaration .   Section 14 of the majistrates act sub 3   And I am also repeating myself when I say the SD will be examined if out of time. I mean it says so on the application for god sake. The fact that such an application is not applied straight to the court should be A clue As for the points you keep raising about misreading the OPs original post, it happens, get over it. It makes me think your comments are more personal than about the issue.   Glick, is that Bluebottle by any chance, well well?    Indecently I never said anyone will be interrogated here, that was you,   An SD is not proof, you said that yourself, as does the old act.   As for making a deal on how to plead, really, so what does the prosecutor tell the DVLA.
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MadMat

Cabot/mortimer - claimform - Old CAP1 Card 'debt'***Claim Discontinued***

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It says the offer will be withdrawn after 30 days, doesn't really say anything else. one section mentions "Further court procedings" but doesn't specify what or when

 

Mat

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Well its choice whether to disregard it or enter into negotiation to attempt to settle it...gut instinct is that they wont proceed and the claim will remain stayed...but it cant guarantee that.


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I kind of read it as a last try begging letter, please give us some cash before we have to give up, so my instinct is to ignore. I strongly suspect that if they were to proceed they'd still be open to negotiation even after the 30 days deadline. After all if they were sure of a win at a hearing they wouldn't be offering 50% discounts would they ;)

 

Mat

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I kind of read it as a last try begging letter, please give us some cash before we have to give up, so my instinct is to ignore. I strongly suspect that if they were to proceed they'd still be open to negotiation even after the 30 days deadline. After all if they were sure of a win at a hearing they wouldn't be offering 50% discounts would they ;)

 

Mat

 

:-) I know what I would do


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:lol:

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Out of the blue this morning a letter from Mortimer Clarke, we have been instructed by our client to discontinue, attached is a copy of the discontinuation form :)

Someone must have been clearing up some old paperwork! Just posting so you guys knew that this one could be chalked up as a definite win!

 

Mat

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:-) What a surprise.......well done..... thread title amended to reflect the outcome.

 

Regards

 

Andy


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only took 'em 2yrs!

 

now go get those charges back out of cap1!!


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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