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Defence rejected now what?

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  • Defence rejected now what?

    Good afternoon

    I am hoping somebody can advise.
    I am the defendant in a case about an over payment from my ex employer,. Government job. My defence was for the following reasons.

    Change of position.
    I had every reason to believe the money was mine as I was so k and provided the company with everything they asked. Also they were paying me more than what they should have been in my actual wages. I had no idea. I now have no money to pay it back anyway as I spent it in good faith.

    This happened in 2017-2018. They made contact with me on and off about it from 2019 and would take a year between emails. They want to now charge interest on the overpayment. I have contested this too because I said take it too court and they took years to do so, with no reason, but now want interest for the time they say money has been owed.

    Our wage system went from paper to electronic whilst I was off sick this leading me to get no wage slips and I had no way if checking wages in that time

    I had a serious mental breakdown caused by bullying harassment and a sexual assault by a colleague at work.
    I was paid compensation for this.

    What happens now? What do I do?

    TIA



    Tags: None

  • #2
    A previous thread about this, for info:

    https://legalbeagles.info/forums/for...usiness-centre

    Comment


    • #3
      Are you saying that you lost the case in court?
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment


      • #4
        No atticus I submitted my defence and the claimants solicitor copied me into an email saying they do not accept it and for proceedings to continue.

        Comment


        • #5
          In which case the court case will continue. What is the present stage? Have you completed any court questionnaires?
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            No not yet. I only found out today. I am thinking of getting a solicitor I think I'm entitled to legal aid.

            I sent my defence to the court now it's been rejected I want it back if I get a solicitor I want to show them

            Comment


            • #7
              Originally posted by Rhodders View Post
              I sent my defence to the court now it's been rejected I want it back if I get a solicitor I want to show them
              Just to be clear here, your defence has not been rejected by the court, by a judge. It's just the other party saying they don't agree with your defence. Well, they would say that, wouldn't they.

              Whether the other side (via their solicitors) agree with it or not doesn't matter. Of course they aren't going to agree with you. It's what the judge thinks at the hearing that matters.

              All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

              Comment


              • #8
                Thank you.

                I thought I had to send the defence and they had to say if they agreed with it or not and that it was possible they might drop it from their end.

                The way you have out it is helpful because I suppose nothing has changed

                ​​

                Comment


                • #9
                  Can I suggest that you read the handbook for litigants in person. Link in my signature block.
                  Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                  Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                  Comment


                  • #10
                    Thank you I have down loaded it and will read tonight

                    Comment


                    • #11
                      You may need several nights!
                      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                      Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                      Comment

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