CCJ and Wage Overpayment **Sorted**

[spacecadet5767]

Hi guys,

 

I'm back again for advice.

 

Only this time it's for my partner, and not me.

 

A wage overpayment was made and unnoticed for a while.

 

Then the work stopped and they realised the error and chased payment.

 

A reasonable payment plan offer was made, bearing in mind my partner's unemployed status, and it was rejected by them.

 

Nothing was heard for a while and then a letter dropped through the letterbox from Northampton Courts making a claim.

 

What to do now?

 

We have never faced this before. Please can someone help.

 

Thanks.

[BRIGADIER2JCS]

Hi sc, can you post up a suitably redacted copy of the particulars of the claim (POC) please?

[spacecadet5767]

If I scan the documents, what should I 'hide' and what should remain visible?

 

Thanks Brigadier.

[BRIGADIER2JCS]

Case number, addresses and your partners name any thing that identifies her.

[spacecadet5767]

Financial amounts and dates relating to the claim? The legal firm and their reps?

 

Sorry if these are thick questions!

[BRIGADIER2JCS]

Leave all that just delete any thing person about your partner.

[spacecadet5767]

http://img33.imageshack.us/img33/472/claimpg1.jpg

 

http://img11.imageshack.us/img11/8154/claimpg2.jpg

 

Does that work for you?

[BRIGADIER2JCS]

This claim does seem rather vexatious imo, the viability of the claim I think will be reliant on one main fact, should your partner have been aware immediately that an overpayment had been made.

 

What defence could be made is difficult to see.

 

An offer has been made to repay the alleged payment but this has been rejected by the claimant, the defendant is currently unemployed and reliant on benefits for income.

 

I would suggest that it would be best to acknowledge service of the claim now and consider a defence based on the above.

 

OR admit the claim or part of it if is believed the amount claimed is wrong, then when it comes to the applications questionnaire (AQ) she then opts for ''mediation'' and proposes a 'Tomlin' order which is a legally binding agreement between the parties eg she agrees to pay £xx per calendar month to repay the debt which the claimant accepts and as long as the agreement is kept NO Judgement is entered (NO CCJ) if the conditions are not met the claimant can enter judgement and require repayment forthwith or by instalments ordered by the court.

 

Often with a mediation it can be done by phone and no court appearance is needed.

 

Your comments please.

[spacecadet5767]

So if we decided on mediation and offered £xxx per month, there would be no need for a CCJ to be recorded, even though normally this only occurs if the payment is made within a month???

 

Correct?

 

Further to this, how do I go about making an application for mediation/Tomlin? I don't see any options for this on the Admission form. Only details of the claim and an Income/Expense section and payment details etc.

 

Thanks for your help Brigadier.

Edited May 30, 2013 by spacecadet5767

[BRIGADIER2JCS]

So if we decided on mediation and offered £xxx per month, there would be no need for a CCJ to be recorded, even though normally this only occurs if the payment is made within a month???

 

Correct?

As long as the conditions of the Tomlin Order (otherwise known as a consent order) are meet no CCJ will be recorded, nothing will be entered on CRA files.

As said ''mediation'' is led by a non legal officer of HMCTS who does not and cannot make any legal judgements or advice, the mediator job is to manage proposals from the claimant and defendant to a conclusion (consent of both parties to the proposals) an Order is drafted and sent to both parties for signature it is then returned to the court and sealed by the court, each party is sent a copy.

A payment regime is set up (I recommend a standing order) and as long as it is maintained there will be no Judgement.

 

I have been party to many mediations the best on resulted in a payment of £5.00 pcm for 35 years.!!

[spacecadet5767]

Thanks for that information Brigadier.

 

As to the edited second section of the above question :

 

Further to this, how do I go about making an application for mediation/Tomlin? I don't see any options for this on the Admission form. Only details of the claim and an Income/Expense section and payment details etc.

 

Thanks for your help Brigadier.

[BRIGADIER2JCS]

Thanks for that information Brigadier.

 

As to the edited second section of the above question :

 

Further to this, how do I go about making an application for mediation/Tomlin? I don't see any options for this on the Admission form. Only details of the claim and an Income/Expense section and payment details etc.

 

Thanks for your help Brigadier.

 

When you have acknowledged service of the claim, if you admit liability and you decide how you wish to go forward ie defending all or part of the claim you will receive an application questionnaire this is dealt with there.

Read through the forms in the claim pack first hand guidance is there, acknowledge the claim you don't want judgement by default.

 

We can guide you through the forms as and when.

 

Talk it over together and decide on your course of action.

[spacecadet5767]

We have decided to go ahead with your suggestion regarding the Tomlin Order/Mediation.

 

I will be filling in the N9A form (Admission) with my partner's details etc. Also the part where it states (under section 11) that my partner can afford monthly payments of £xxx, and not full payment in one go, and state a short reason (unemployment/no savings/etc?)

 

I will then return this form to the claimant's solicitors tomorrow via recorded delivery (or even special delivery?).

 

Sound good so far? Then we wait for the next set of paperwork?

 

Side question : As this is my partner's debt and not mine and action is being taken against my partner, can I be dragged into it, be expected to pay it for my partner, affect my CRA etc etc?

 

Thank you.

[BRIGADIER2JCS]

Please send a copy to the solicitor and return the original to NCCBC direct wouldn't want the sols claiming they did not receive it or it was late would we?

[BRIGADIER2JCS]

NO you cannot be liable in any way, also there is no entry/report to any CRA files.

[spacecadet5767]

I will do as advised. A copy to the claimant's solicitor, and the original to the court manager of Northampton County Court.

 

I will update as and when anything happens.

 

Thanks again for your patient help Brigadier.

[BRIGADIER2JCS]

I will do as advised. A copy to the claimant's solicitor, and the original to the court manager of Northampton County Court.

 

I will update as and when anything happens.

 

Thanks again for your patient help Brigadier.

 

Your welcome!

[spacecadet5767]

UPDATE : My father has agreed, and already paid the original creditor, in full (thanks Dad).

 

Having already sent the paperwork to the court and the creditor's solicitors, what should I do? I sent an email to the CCMCC centre advising the Court Manager that the debt has been paid and that I have had a confirmation email from them stating that the matter is now paid and settled in full and they consider the matter closed (is an email sufficient written proof?).

 

Anything else I need to do? Do I need to write to the solicitors as well?

 

Thanks.

[BRIGADIER2JCS]

Yes inform the court and solicitors in writing of the payment and ask for confirmation that they have received the notification.

[spacecadet5767]

Thanks Brigadier.

[BRIGADIER2JCS]

Thanks Brigadier.

 

You're Welcome.

[spacecadet5767]

UPDATE: I got a reply from the court asking for a hard copy of the company's email where they confirm receipt of the money and that nothing else is outstanding.

 

I sent a hard copy to the court manager as requested.

 

Anybody know what happens next?

 

Will we receive any kind of confirmation that the matter is officially closed and done and dusted?

 

Thanks.

[BRIGADIER2JCS]

Yes you will be notified.

[spacecadet5767]

Thanks Brigadier.

[BRIGADIER2JCS]

Thanks Brigadier.

 

You're welcome.