Jump to content


  • Tweets

  • Posts

    • Thank goodness it's not your roof and you get to foot the bill! How big are these bits of mortar? How often are they falling into your garden? Hourly, daily? Just go ahead with your plans, of course, they're not going to be worried by your time pressures and the urgency of the situation, so simply carry on as you would have done and I'm sure everything will go fine. Unless there is a danger to life and serious structural issues which mean you cannot venture into your garden, then IMHO there is little more you can do less for what you have done so already and made them aware of the issue.
    • Hi all!   Thank you in advance for any help you can give me!!    I parked up (at 18:08) in a rush, entered my Reg and paid for an hour of parking. At 18:20 I got a ticket for not paying for parking.    I've just looked at my receipt and noticed why ... I put "22" instead of "21"  when i put in my Reg. yes... what a stupid mistake.    I seem to remember there being a court case or a rule change about entering the wrong reg but the company wasn't at a loss because i had paid for the parking just technically for the wrong car. Am i making that up?    Any advice would be gratefully received, even some key points i have to hit when doing the appeal      
    • You haven't returned to the thread to give us your views, but a couple of other things strike me which you should consider: 1. You say that at no time was your father's licence revoked by the DVLA. It didn't have to be revoked. It expired in September and his "entitlement to drive" (of which the licence provides proof) expired along with it. He could only continue driving whilst his application was being processed by virtue of s88, and it seems clear to me (based on what you have said) that he was not able to take advantage of the benefits provided by that section. 2. The letter he received threatening to revoke his licence was probably a template letter sent when any medical issues are brought to the attention of the DVLA. But it is clear that beyond September until it was eventually renewed, your father had no valid licence to be revoked. I believe a "not guilty" plea in court will fail. The basic facts are that your father's licence expired in September, it was not renewed until February because the DVLA were looking into his medical declaration and he could not take advantage of s88. So in December he had no licence and no entitlement to drive under s88. The facts that he believed he was fit to drive and that his licence was eventually renewed may mitigate the offence but they do not provide a defence. I also asked whether he had received a summons (very unusual these days) or whether he had received a "Single Justice Procedure Notice". The way to proceed from here differs slightly depending on what he has received so if you let me know, I'll advise further.  
    • Well, what I've read from various sources suggest if a CCJ is 6 years old that if becomes pretty much ineffective for enforcement purposes in its original form.  And that if it's about to expire then the claimant needs to apply to the court to extend the original CCJ within the final year.  Even if they do apply for an extension within the 6 years they have to have a very strong argument for doing so such as the person being out of the country or could not be traced, basically show they were actively still perusing the debt I guess. Now if a claimant ever does apply within the 6 years to extend the CCJ, would the person named on if be notified by the court that such an application has been made?.  In my case I've heard nothing from the court so assume no such application has been made.  The original CCJ in my own case is now a year beyond the 6 years of issue so must now make things even less likely again. So whilst the CCJ exists that they have not enforced it in that time must surely make it unlikely they can now take it back to court because as said it would be very rare for a judge to agree to such action now. That said, I guess they now can't use the CCJ to continue with any action for an attachment order to our mortgage either?
    • Donald Trump now banned from countries including Canada and UK as convicted felon WWW.INDEPENDENT.CO.UK There are 37 countries that bar felons from entering, even to visit.  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Ex-Employer claiming owed £4000 - Letter received from lawyers mentioning CCJ


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3331 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi All

 

When I left my ex-employer due to to some payroll issues they claimed I ended up owing them approx £5,500.

I arranged to make them payments of £50/month and have been for the past 3 years.

 

So they now say I owe £4,000.

 

I am currently off work due to long term-sickness of several months, end of last year I stopped receiving sickness pay so mentioned to my ex-employer that I would not be able to make the £50/month for the time being, I mentioned this by e-mail.

 

I heard nothing back from my ex-employer on this but I have received a letter (sent to an old address.... which I coincidentally managed to receive!) from a solicitor dated Fri 10 April advising they are acting on behalf of my ex-employer and require payment of £4,000 by Tue 28 April or they will issue a CCJ.

 

Please advise?

- Is this possible?

Whilst I have been paying the claimed amount back at the agreed rate I never agreed to it in the sense of signing a credit agreement etc

 

- My intention had been to continue paying it as soon as I was back at work and earning again.

 

 

Any and all advise Greatly Appreciated.

Thanks

Link to post
Share on other sites

Yes they can. When you entered into paying them £50 a month, you agreed that you owed them a sum of money and if you have to stop paying for any reason, they can issue a country court claim.

 

If you are on good terms with your previous employers, you could call their HR manager to explain your situation, having ill health and that it is not helping that the companies Solicitors are threatening a CCJ. Explain to them that you do not have the current ability to pay, but would resume payments as soon as you are able. Ask them to look into the matter and to get back to you. They may call off the Solicitors and give you longer. The Solicitors are acting on the companies behalf, but it is always up to the company, whether they want to pursue the CCJ and when.

 

If you are not on good terms with the previous employer, then phone the Solicitors ( but follow up in writing) to explain the situation and that them getting a CCJ at the moment will just cause you more problems and you would ask the court to make token payments based on affordability.

 

If have any dispute about the amount owing, you should ask the Solicitors for written evidence of it.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Hi unclebulgaria67

 

Thank you for your reply.

 

Since I am on okay terms with my ex-employer I will call them to discuss. They are actually a really large company, the approach they have taken here though is the sledgehammer peanut approach. :???:

Link to post
Share on other sites

I'd read the letter carefully too

 

 

I bet it does not actually say will anywhere?

 

 

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

I bet it does not actually say will anywhere?

 

Hi dx100uk

 

Thanks for your reply.

What do you mean "will"?

 

This is an extract from the letter

 

In the event payment is not made as above, we have our client's instructions to issue county court proceedings for recovery of the amount due. These proceedings will include claims for interest and costs, which will increase your liability. The documents on which we intend to rely if proceedings are commenced include any relevant correspondence.

 

If court proceedings are commenced, a judgement may be entered against you.

Link to post
Share on other sites

Also, why did they send docs to old address? Did you move while on sick? Did you inform company of new address?

 

Hi GrumpyToSayTheLeast

 

Thanks for your reply.

It is an ex-employer and I have moved since leaving their employment.

Link to post
Share on other sites

we have our client's instructions to issue county courtlink3.gif proceedings

 

 

usual rubbish then.

 

 

doesn't mean they will

 

 

doesn't mean they have the 'requirements' to be actually able to do so.

 

 

threat-o-gram

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Hi All

 

When I left my ex-employer due to to some payroll issues they claimed I ended up owing them approx £5,500.

I arranged to make them payments of £50/month and have been for the past 3 years.

 

So they now say I owe £4,000.

 

I am currently off work due to long term-sickness of several months, end of last year I stopped receiving sickness pay so mentioned to my ex-employer that I would not be able to make the £50/month for the time being, I mentioned this by e-mail.

 

I heard nothing back from my ex-employer on this but I have received a letter (sent to an old address.... which I coincidentally managed to receive!) from a solicitor dated Fri 10 April advising they are acting on behalf of my ex-employer and require payment of £4,000 by Tue 28 April or they will issue a CCJ.

 

Please advise?

- Is this possible?

Whilst I have been paying the claimed amount back at the agreed rate I never agreed to it in the sense of signing a credit agreement etc

 

- My intention had been to continue paying it as soon as I was back at work and earning again.

 

 

Any and all advise Greatly Appreciated.

Thanks

 

Why is the money owed? Is it a salary over payment?

 

I wouldn't ignore the solicitors letter, it reads more like a letter before action than a threat-o-gram.

Link to post
Share on other sites

Why is the money owed? Is it a salary over payment?

 

I wouldn't ignore the solicitors letter, it reads more like a letter before action than a threat-o-gram.

 

I agree that is needs to be dealt with. The employer would have a continuing right under the contract of employment to reclaim any overpayment of salary, expenses etc. When I have dealt with staff leaving, I have always had to tell them about certain ongoing conditions related to the contract they signed.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Thread moved to the appropriate forum.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

There is the assumption in the letter that it will all go the way the solicitor claim.

 

 

That is rarely the case but you must do something to prevent this action.

 

 

You could start off by explaining your current predicament and ask for a statement of what the original debt was, payments made and outstanding balance.

 

 

If you do not agree with their figures you will have to be able to produce a set of your own.

 

 

This will certainly delay or halt any immediate legal action but wont make the problem disappear so you will probably have to make a more formal plan to repay the money.

Link to post
Share on other sites

It is a shame we do not have more details and that you did not come to use sooner before agreeing to a payment plan

 

depending on how the overpayment came, Estoppal may have been an option

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Link to post
Share on other sites

Why is the money owed? Is it a salary over payment?

 

A large chunk of it was, others was composed of season ticket "loan", and a "loan" on joining which was gradually being repaid through my salary whilst in employment.

 

I have discussed with my ex-employer and despite their sledgehammer peanut approach in passing the matter to solicitors without any communication, they have been reasonable.

I have arranged a reduced repayment schedule for the time being and hope to make full repayment when circumstances allow.

WITHOUT PREDJUDICE

 

Thanks to all those who posted on this thread for their help.

 

advise :-)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...