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Posting on behalf of my son.

 

My son started a job with National Express as a bus driver several years ago, at the time his PCV training and test fees were deferred by the company for 2 years, if he remained an employee of the company for a 2 year period the training and test fees would be wiped and nothing would be due.

 

However, he left his employment after 15 months as he was being bullied by management at the garage he was based at.

 

He took up another bus driving job for Ring and Ride, my son had been at Ring and Ride for 7 months and he was sent a bill for around £550, which was a pro-rota amount of his training at National Express, however Ring an Ride went into administration after 9 months service.

 

Following on from Ring and Ride, my son went back to National Express but was based at a different garage, he took the bill for his training into his new line manager and his manager said he would deal with it.

 

However 13 months later after hearing nothing and believing the debt settled, my son got a letter from Marstons acting as HECO's dated 23rd January 2020, they intend to visit my son on the 3rd February 2020 to collect £810, the debt relates to training while at National Express.

 

My son had no County Court papers arrive or no Judgement arrive from the court, he said he would have absolutely defended this as nothing was due, he has even spoke to his manager today and his manager said he took care of it and would provided himself as a witness to confirm this.

 

My son wants to get the writ and the judgement set aside, and wants to be given the opportunity to defend this action as he believes he owes nothing and has a witness to confirm he owes nothing.

 

His stumbling block is completing the N244 to get the writ and judgement set-aside as paperwork is not his strong point, and what court does he send the paperwork to, can he go to his local county / magistrates court to hand the paperwork in? The original court was Huddersfield County Court where judgement was entered.

 

Is there anyone who can assist with completing the N244 and which court, preferably his local court he can take the paperwork to get this looked at urgently? 

 

 

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The grounds for having a judgement set aside our that you didn't know of the action and that if you had an opportunity to defend then you would have a good chance of success.
I would suggest that he goes to see his manager very urgently and tells him what has happened and asks for something in writing to backup the story.

 

If you can get the support of your manager then I would say that the next thing to do is to go to your HR department urgently and ask them if they can help you suspend the action and also agree in writing to the set-aside. If you can get the written agreement of the company to the set-aside then things should go much more quickly.


 I can tell you now that even if you apply for the set-aside, it may not be in time to present a visit by Marston who in the present circumstances are probably justified in going ahead with the enforcement. I think you should phone Marston very urgently to pre-empt the visit because once that happens, things will get very expensive.


Phone them on Monday – and also email them – but I suspect that the best you will be able to do for the moment will be to organise an instalment plan which you will have to stick to. If you are then able to get a set-aside and successfully defend the action then you should be able to recover your money – your most of it.

Why is it that you might not have received any of the paperwork relating to the claim? Has there been a change of address? Is it possible that the paperwork has actually arrived and that your son has simply buried his head in the sand and not opened it all avoided dealing with it?

 


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BTW - I have publicly tweeted to them on their @Nxcare Twitter to see if it illicits a response.

I think this is currently terrible and poor management on behalf of NX - I get the reason for doing it to claw back training costs but has your son now been there 2 years collectively? 

 

 


 

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did you son move at all during this period?

 

as NE got the CCJ and then transferred it up to the High Court, hence marstons HCEO are now involved I would suggest as above, get in contact with your line manager ASAP Monday.

 

NE should instantly be able to call off Marston, but for sake of clarity, in a nutshell if ignored, HCEO's can't do anything anyway and most certainly cannot force entry .

 

 


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

 

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My son has spoken to his manager just as he is still at work and he in turn has just rang the training garage and spoke to one of the guys there,

 

they said they often have to refer these things to court as a lot of people leave before the two year period expires.

 

He doubts there is little they can do from getting it back from court as it’s gone to far even though it was a error In Sending it there,

 

what they are willing to do is provide a letter supporting Him to help him set aside.

 

with regards to the post he assured me he didn’t bury his head in the sand and he hasn’t received anything,

 

he has genuinely had problems with not getting mail, there is a street with a similar name to his and they sometimes get his mail and he gets there’s.

 

He hasn’t moved house recently either. 

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Imho they should not be forcing him to pay £255 to get this set aside when it is their error in the 1st place!!

 

They can easily resolve this by one phone call.

They dont have to get 'anything back' from the court..

 

Simply tell the court they wish to set the ccj aside by mutual consent FOC to the defendent.

That will wipe the CCJ and negate all bailiff involvement.

 

The missing mail puzzles me as it would not have only been one letter

It would have been several before the ccj, lots  once the claim was made and numerous before the hceo one too.

 

something is not right about missing letters from day one


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

 

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He going to have a word with HR on Monday see if there is anything they are prepared to do.

 

He has also looked at an EX160 form as he may be eligible for fee remission on the set aside as he only works part time and is a carer to his partner and gets Universal Credit for the family and 2 children, so there is every chance the £255 for the set aside may not apply.

 

If the worst comes to the worst and he does have to complete an N244, what is the correct procedure for filling in the form, and can it be taken to his local county court?

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as this was a default judgement i suspect it will need to be mailed to northants bulk.

 

plenty of threads here on how to fill in an n244 

just use our search.top right.

 

pers I think he needs to pressure NE to get a consent order done and sent to the court at no cost to him at all.

 

no harm in them or him ringing marstons and stating he is getting it set aside.

 

 


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

 

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