Had preliminary hearing, bit confused

[IvanBarton]

Hi
So I had the hearing and I have to provide bank statements and expenses form to the claimant

The claimant was told by the judge that they have to show evidence that I was fully aware the money I would have received was an overpayment and not money I was entitled to.

I'm confused because surely the fact that they took it to civil court and not criminal court shows they didn't think I took money fraudulently and then refused to hand it back. It was a government job I have seen cases where professional staff have gone through criminal procedures for overpayment, even gone to prison.

Shall I not mention this in case they change their minds about civil action and involve the police?

[IvanBarton]

Ivan

[atticus]

Civil cases can aim to prove fraud or dishonesty. That said, the claimant does not need to prove those things in a claim for repayment of overpaid wages. It probably bought a civil case because it wants the court to order you to repay money, not to be ordered to pay a fine or do community service.

[IvanBarton]

Hi thanks for your answer.

The judge has said they have to prove that I did know it was an overpayment.

They did take the civil action because they want the money paid back I have defended the claim by saying I had every reason to believe I was entitled to the money and that I no longer have it to give back as it's been spent.

Ivan