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

[advise]

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

[unclebulgaria67]

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.

[advise]

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.

[dx100uk]

I'd read the letter carefully too

 

 

I bet it does not actually say will anywhere?

 

 

 

 

dx

[GrumpyToSayTheLeast]

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

[advise]

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.

[advise]

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.

[dx100uk]

we have our client's instructions to issue county court 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

[Ganymede]

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.

[unclebulgaria67]

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.

[AndyOrch]

Thread moved to the appropriate forum.

 

Andy

[ericsbrother]

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.

[SabreSheep]

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

[advise]

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