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CCJ by default and Warrant obtained. ***Judgment Settled in Full***


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I issued a MCOL to my previous employer for a bonus that was not paid to me back in September 2016.

 

 

I chased and chased this payment during my employment through my manager and payroll (the only way to contact payroll was via email) all emails were ignored.

I have copies of all emails I sent requesting the payment at the time.

 

In November 2016 I sent a final letter chasing the payment, giving 7 days before commencing action through MCOL.

 

I received a default judgement as they did not respond and have now paid £77 to issue a Warrant of Control which was issued on 16th December.

 

This morning I have received an email from my previous employer stating they are in receipt of my claim.

 

 

They believe the reason for my claim is a deduction from my pay on October for 'overtaken holidays' (this is not the case, it's for unpaid bonus)

they have said they will contact the court to let them know I'm not entitled to the amount claimed.

 

It looks as though they have not read my Particulars of Claim sent at the time of the original claim.

 

I've checked and they have another unsatisfied CCJ for £35k from November 2016.

Mine is only £400 plus costs of £112.

They are actively trading and have 40+ branches accross the UK

 

What are their options now?

Can they apply to get this set aside now I have obtained a Warrant of Control?

Should I reply to their email stating their reason to apply to set aside are incorrect, or just let them pay the £255 and send the incorrect information?

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Yes, they can apply for a set-aside. If you have instructed county court bailiffs then you will find that they are very effective and your ex-employers will be very likely to be able to put a hold on the enforcement why they apply for a set-aside and then defend the case.

 

Which company is this that has an unsatisfied £35,000 judgement against them?

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Name and shame ..who is this employer.? :madgrin:

 

I doubt very much they will get a set a side given its a default judgment and they failed to acknowledge or submit a defence on time.Chase up your WoC.

 

Andy

 

Thread moved to General Legal Issues

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  • 3 weeks later...
Good news. I've just been informed by the county court bailiff that my ex employer has settled the judgment in full and a cheque will be sent out next week!

 

Well done as expected...thread title amended to reflect the outcome.

 

Regards

 

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 OTHERS

 

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

 

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