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    • Hi MIE   I have prepared for the fact that I might not win, although I would very much like to but has been factored into my plans to deal with my current debt and helping to reduce it.    In in regards to documentation....I have been asking for specific information, which they have refused to provide me with since 2013 and not just since I received the claim.    I’ve not received any documents or a response to my SAR.    Particulars of claim in #5.    Defence below (I know it’s not the best, but it’s all I could come up with).   DEFENCE   1. The Defendant received the claim xxxxxxxx from the Northampton County Court Business Centre on 10/08/2019.   2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.   3. This claim relates to an alleged salary overpayment.   4. It is admitted that the Defendant was employed by the Claimant from 02/02/2009 until 31/08/2011.   5. It is admitted that the Defendant has made a payment of £465 to the Claimant.   6. It is denied that the Defendant owes this whole amount as the Claimant has not provided the information and documents requested.   8. The Defendant is unable identify through financial records that amounts were received as alleged.   9. The Claimant has failed to provide bank account details of where payments were made despite being requested to provide this information.   7. The Claimants particulars of the claim fails to give adequate information to enable me to properly assess my position with regards the claim.   8. The Defendant contends that the Claimant is a public body that is requesting interest on a debt that is alleged to have been incurred as a result of a salary overpayment and not a credit agreement.   9. The Defendant contends that the Claimant is requesting interest from a date that is Statute Barred.   10. On the 12/08/2019 the Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Claimant’s Solicitor].   11. Claimant’s Solicitor has not sent any of these documents to the Defendant.   12. The Defendant has asked the Claimant Solicitor if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but no response has been received.   13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.   14. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.   15. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.   16. It is denied that the Claimant is entitled to the relief as claimed or at all.   Statement of Truth The Defendant believes that the facts stated in this Defence are true.
    • Thread moved to Debt Collection Agencies Forum.   Andy
    • We will also need a copy of the defence you submitted.I would advocate sending a CCA Request also...unless you legally request it they cant be in default.   Andy
    • the pursuers don't have to serve a DN the original creditor did the pursuers have failed to prove one was ever served. fatal under section 87 of the CCA    no signed cca nor relevant T&C's    
    • PDF only please read upload   yes block and bounce all email addresses.   dx  
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Hubby and son both worked PAYE for the same construction firm always away from home so traveling expense's and meal allowance were paid separate to wages lodge was paid direct to hotel by the company

 

they came to him one Friday and informed them that they weren't going to pay hotel anymore but they would give them £25 a day for digs (jobs in London) this was to start on the Monday

 

Hubby and son handed in their notice and had to travel every day to the job (well they didn't have to but felt they should work the notice week to keep everything right)

 

As this is a construction site the company tools were taken from site buy my hubby and son at the company's request

 

they have not been paid their last weeks expense's and want them to be paid in cash when they drop the tools off (firm doesn't have a good payment record with sub contractors) hubby and son have told them pay the expense's and wee will drop of the tool

 

It has got to the stage that they have given them 3 days to drop off the tools or they will take them to court

 

I'm not sure how we stand with this any help guidance would be appreciated

I have e-mailed them and told them to come and collect their tools and drop of the payment due

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They need to write to the company and state that the are willing to return the tools at the same time they get paid.

If they want to take them to court they would have to explain why they wanted to withhold payment of the wages and didn't agree to pay the wages at the same time they got the tools back.

The judge won't be impressed.

However, as the tools belong to the company, if they report a theft to the police, hubby and son might get a visit from a pro active pc, but as it goes, on hearing that wages are outstanding, most likely the police favourite punch line would come up "civil matter" and they would leave it at that.

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Both can threaten via LBA, a SCC claim for unpaid, outstanding wages if not paid as promised.

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Hi

 

IMO the payment of Wages and the Return of Company Property are 2 separate issues and need to be treated as such

 

1. If they do not pay their wages then they would need to go through the process of taking them to court for those wages.

 

2. The Companies Property - They has asked for this to be returned by a certain time limit and if this is not done the Company would then have to go through the process of taking them to court for recovery of that property at the same time they may also report that property as stolen/theft to the Police.


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