Overpayment of Salary

[Storm11Turnbull]

Between 1st - 14th Mar 2001, I was employed by a local authority. I have recieved correspondence over the last few years regarding this.

 

 

 

On 23rd Jan 10, I requested the following:

• A signed copy of the employment contract
  
• A copy of agreed pay rates, working hours and payment methods
  
• A signed copy of agreement of your company handbook
  
• A copy of your company handbook showing pay recover procedures
  
• A copy of any payslips, confirming payment dates
  
• A copy of confirmation of termination of employment
  
• A copy of correspondence since that period
  
• A copy the invoice
  
• A copy of the letter explaining the reason for a recovery to become an invoice
  
• A copy of the claim filed with the courts
  
• A copy of the court order
  
• A breakdown of the court costs
  
• A copy of your entitlement to interest costs
  
• A copy of confirmation of delivery of all correspondence to date
  

I recieved a letter to state that they would look into the matter.

On 3rd May 10, I sent a letter requesting written confirmation that this matter was now closed.

I recieved a response dated 11th May 10. They stated that they do not hold most of the documents requested due to the age of the debt.

What the have sent is a statement to the courts from the payroll manager stating that the Personnel department did not inform the Payroll department until 3 weeks after I resigned. A net debt of £396.14. In addition to this A court Judgement for Claimant (in default) dated June 2005. For £621.91 at rate of £50 per month. Neither, of which I recieved. They have not provided proof of delivery.

I moved countries on 7th Mar 01, due to my daughter's terminal illness.

They state that I have been making payments, which could be seen as admission to the debt, but have not given proof of this. They have now requested monthly payments. If they are not made, then they will continue legal enforcement.

Any Advice?

Edited May 12, 2010 by Storm11Turnbull

[Pinky69]

If there has been a court order you need to get the details from - court, date, what was the order. Otherwise it is over 6 years old (5 in Scotland) and therefore Statute Barred.

[Storm11Turnbull]

So just to confirm.

 

Debt incurred - Mar 2001

Debt inforced by court - June 2005

Some Alledged payments made in interim.

Documents requested - Jan 2010

Unable to provide orignal docs - May 2010

Court Order dated - June 2005

 

Plan of Action ?

[harrassed senior]

What occurred between June 2005 (CCJ) and January 2010?

[Pinky69]

The plan of action is to get copy of the court order and see what it says.

[Storm11Turnbull]

The CCJ (N30) states:

You have not replied to th claim form. It is therefore ordered that you must pay the claimant £499.91 for the debt (and interest to date of judgement) and £122.00 for costs.

You must pay the claimant a total of £621.91 by instalments of £50.00 per month the first payment to reach the claimant by 28 July 2005.

 

This is the first time I have seen the CCJ. It was sent to an address 2 years after I left it.

 

According to the claimant, there have been various payments of £5 and £1 over the period to date, but are unable to provide proof.

[DonkeyB]

Seems simple enough - after set aside (which should be a formality as you never received the claim, there may have been reasonable grounds to defend, and it was sent a long time after you moved), the debt will anyway be SB.

 

I'd push for more info on those alleged payments via a SAR (unless what you described in your first post was a SAR - if so, ask for the rest of the info).

 

Are you dealing directly with the employer or a DCA?