CCJ for overpayment of salary

[Bluebell6]

Hi I was wondering if someone would be kind enough to give me some advice.

I'll give a few details.

I have received a court claim form from my previous employer stating that over a period of 4 months towards the end of my time working for them (Oct '11 -Jan '12) that I was overpaid just over £1000. At the time of the overpayments I was suffering issues with mental health & had missed quite a bit of work. These had been ongoing issues and I'd seen occupational health regarding them twice in the run up to my final months with the company. Whenever I got paid I was always concerned about payments I received during this period as at times I was off self certified and unsure if I'd been paid correctly so on a number of occasions contacted payroll who advised I'd been paid correctly.

About 4 months after being fired by the company (missed a disciplinary due to my illness) I was notified that there had been an overpayment and I was sent a repayment schedule. As I was quite ill at the time this was ignored until I received another letter a fortnight later. I contacted the HR department and advised I didn't accept the overpayment I was emailed a password protected spreadsheet I wasn't able to access. I emailed back asking again numerous time for a breakdown with no response. Upon receiving a further letter 6 weeks afterwards from their solicitors I called HR again and was sent a spreadsheet I could access (apparently the person I spoke to previously was no longer with the company hence no reply) however it was just a list of figures, further emails were sent asking exactly how the overpayment had occurred but these were not replied to either.

Now a year down the line I have received a claim form advising I can pay it off including fees, make payment plan, counterclaim etc...

Within the claim pack is a copy of the same spreadsheet I'd received previously and the letters I'd received a year before. The particulars of the claim have inaccuracies as well. It ignores the fact I'd contacted payroll and been advised I'd been paid correctly, it doesn't mention I'd contacted the employer on several occasions asking for a breakdown, it even goes as far as to LIE and say that I'd said that 'I confirmed I would pay the outstanding overpayment if they could show how it had been calculated' - I said I refused to accept there had even been an overpayment until I'd had a breakdown and explanation. Although in the claim form it does state that it had occurred due to an over payment of SSP and company sick pay (which is the first I actually knew of that).

I could really do without a CCJ at this moment in time as I'm feeling well enough to start work again & a lot of the jobs in the area I live in are in financial institutions and require a clear credit check. However I'm not in a position to pay off the alleged overpayment in full (nor do I want to really as I was told my wages were correct at the time & this 'breakdown' isn't really clear on how the overpayment occurred - I only found out in the claim form). However from what I make out, even if I make an offer to pay in instalments on the form N9A (not accepting that I owe it, just to get it from over my head and try to avoid a CCJ which will seriously effect my employment chances) then I STILL end up with a CCJ on my file. And if I want to dispute the claim then I'd have to pay court fees I can't afford.

Could someone please advise the best course of action, I'd really appreciate it.

[enquirer]

Re: CCJ for overpayment of salary

Whenever I got paid I was always concerned about payments I received during this period as at times I was off self certified and unsure if I'd been paid correctly so on a number of occasions contacted payroll who advised I'd been paid correctly.

Do you have any proof of these conversations?

About 4 months after being fired by the company (missed a disciplinary due to my illness) I was notified that there had been an overpayment and I was sent a repayment schedule.

Did you speak to them about missing the disciplinary? Was this the first time that you were told that there was an overpayment and that you saw the 'repayment schedule'?

As I was quite ill at the time this was ignored until I received another letter a fortnight later.

What did that say?

I contacted the HR department and advised I didn't accept the overpayment I was emailed a password protected spreadsheet I wasn't able to access. I emailed back asking again numerous time for a breakdown with no response.

Do you have any proof of this conversation? Do you still have the locked spreadsheet?

Upon receiving a further letter 6 weeks afterwards from their solicitors I called HR again and was sent a spreadsheet I could access (apparently the person I spoke to previously was no longer with the company hence no reply) ...

Can you prove that they admitted this?

... further emails were sent asking exactly how the overpayment had occurred but these were not replied to either.

Do you have any proof of these?

... it even goes as far as to LIE and say that I'd said that 'I confirmed I would pay the outstanding overpayment if they could show how it had been calculated' ...

Ask them to prove that you agreed to this. If they haven't attached the necessary proof to their claim, point this out. A properly run HR or Accounts department would follow up something like that in writing.

Although in the claim form it does state that it had occurred due to an over payment of SSP and company sick pay (which is the first I actually knew of that).

Again, ask them to provide proof that you had prior knowledge. If they can be trapped into admitting that this is the first reference to it, they will look very bad indeed.

Defend the claim.

You should mention your medical problem, but it should not be the central plank of your defence. That should be their incompetence, demonstrating as it does that they have failed to make a coherent attempt to address the issue. That then suggests that they have gone to law too quickly - something that the courts take a very dim view of these days.

If they cannot prove that you admitted the overpayment, and agreed to repayment, then they are in trouble, and you will be clear to imply dishonesty on their part.

You may be able to catch them whichever way they jump - if you can prove that you asked and they told you that there was no mistake, then their later claim is nonsense. If their claim is good, then their accounts staff were obviously incompetent.

Write a straightforward, concise chronology. Where necessary, explain briefly. Highlight where you never received replies to your enquiries. Make sure that you address each point in their claim and that it is refuted. If you can find any contradictions or inconsistencies in their documents, point them out.

Overall, aim for a clear, crisp style.

[teaboy2]

Re: CCJ for overpayment of salary

Also you need to acknowledge the claim and send the acknowledgement back.

You then have to start preparing your defence which we here will help you with, but first get all the emails communications and a concise chronology of events (dates, time, description of event) together. HINT - Phone bill will prove when you called the HR department etc. So that can be submitted as support evidence for your defense.

As for the disciplinary what was it for exactly? where you on any previous formal warnings?