Salford Claimform - ex employer - accidental over payment of wages

[booda]

My ex employer accidentally paid money into an account of mine a year after I left.

 

They called me about it and we exchanged emails where I accepted money was deposited but to a overdrawn account and offered to repay x amount a month,

this was also offered on a telephone conversation which ended in the claimant saying he is calling the police.

 

I emailed again saying x amount would be put aside each month, and I would pay them it once a plan accepted.

They replied saying it's best not to communicate, and wait for legal process.

I did not hear anything from them for nearly 2 months, and

 

today received county court papers,

attached to the claim is email correspondence we had, and copy showing the bank transfer.

 

I am now in a position to pay the amount deposited to me in error,

but £115 court fees seems harsh

- should they not at least write to me and give notice?

 

None of this is included in their claim.

 

many many thanks for advice.

[dx100uk]

yep they must abide by the new PAP rules

which they haven't.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017(1-Viewing)-nbsp

[booda]

Thanks, which form should I send back in reply do you think?

 

I am going to pay back the amount they deposited in error but not the fee,

 

what is my argument - that the new PAP rules have not been adhered to in terms of pre protocol pre action re paragraph 3 -'something along these lines?

[dx100uk]

has this claimform come from salford court or northants bulk court just for ref please?

 

it might well pay you to contact them and offer the over payment but not the court fees etc etc

quoting the pre action protocol etc that they have failed to abide by that's been in since 1st oct.

 

should they fail to drop the claim immediately you will refer to the above and defend the claim.

[booda]

It's from Salford. Right will try option 1, and will email the offer. Will keep updated

[dx100uk]

can I just check your ex employer IS named as the claimant...

 

see this thread.

https://www.consumeractiongroup.co.uk/forum/showthread.php?367478-367478&p=4002734#post4002734

[booda]

They have changed names since I left, but the claim form says I worked for the new entity, which I did not. Issued by managing director who is the same person still.

[AndyOrch]

Thread moved to the appropriate forum...please continue to post here to your thread.

 

Regards

Andy

[booda]

They responded to to my offer of paying minus the fees, by providing the bank details to pay to. So thanks for the advice mate. Before I pay I will get them to confirm in writing that they will tell the courts it's settled. Thank you