HLW Keeble Hawson court claim received

[haggis0073]

posted in wrong place, please remove sorry about that

[haggis0073]

HLW Keeble Hawson court claim received

Received a claim? YES
Issue Date: 11 APRIL 2016
Amount approx: £4200
Claimant: Royal Mail possibly???
Solicitor: HLW Keeble Hawson

Particulars of Claim: The claimants claim is in respect of an overpayment of salary/expenses full particulars of which have been previously supplied. And the claimant claims 4200 GBP, Account number xxxxxxx. The claimant claims interest under section 69 of the county courts act 1984 at the rate of 8% a year from 24/08/2015 to 5/04/2016 on £8.00 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.91

Is the debt Statute Barred? NO

List any letters you have sent: None yet

Any Other Info:

Well what a week for me and my wife, 1st she gets a court claim now i get one starting to take its toll now.


It started when royal mail closed our office, it moved to another office and so i chose a 3 year lump sum fuel allowance. It was for £15000, after tax i received around £9700. After 2 years and 2 months the travelling started to take its toll and decided to leave. I initially got a letter saying they wanted over £4000 and i explained that i could not afford that and offered a payment plan on the phone but they refused, now i have receieved a court claim for around £4200.


What step do i do now as its not a consumer debt so unsure of the procedure, also in the particulars of claim it states they previously sent me the particulars but i know they have not, they have not shown me how i owe this amount and how they have come up with this number, any advice appreciated, not a good year for me so far

[R0b]

Re: HLW Keeble Hawson court claim received

Hello,

Similar to a consumer debt claim, you will need to acknowledge the claim, this will give you further time to prepare and file your defence. 14 days to acknowledge and 28 days from the the date of service of the claim form to file your defence. The sooner you acknowledge the better.

Next steps will be to write (email if you can the file handler from Keebles) and explain to them that you require a copy of the evidence of the over payment as suggested in their particulars of claim. As they intend to rely on that evidence you are entitled to request it. Secondly, if the over payment evidence does not show a full breakdown of the alleged sum owed then you require them to give a break down of the sums and how this has been calculated.

When you offered a payment plan why did they refuse?
How much were you offering to pay them?

[R0b]

Re: HLW Keeble Hawson court claim received

Hello,

Similar to a consumer debt claim, you will need to acknowledge the claim, this will give you further time to prepare and file your defence. 14 days to acknowledge and 28 days from the the date of service of the claim form to file your defence. The sooner you acknowledge the better.

Next steps will be to write (email if you can the file handler from Keebles) and explain to them that you require a copy of the evidence of the over payment as suggested in their particulars of claim. As they intend to rely on that evidence you are entitled to request it. Secondly, if the over payment evidence does not show a full breakdown of the alleged sum owed then you require them to give a break down of the sums and how this has been calculated.

When you offered a payment plan why did they refuse?
How much were you offering to pay them?

[haggis0073]

Re: HLW Keeble Hawson court claim received

they rang me demanding full payment and i said i could not afford that, i offered £100 per month and he said that was not good enough and it needed to be alot higher. Problem is do i tick to defend in full, or admit to part of the claim, also would they need to provide me with an agreement stating the terms of which i signed???? I cant even remember seeing and signing an agreement, i recall signing something but dont think it had any terms and conditions

[haggis0073]

HLW Keeble Hawson court claim received

Not sure what happened to last thread, hope this is correct section

Receiveda claim? YES
Issue Date: 11 APRIL 2016
Amount approx:£4200
Claimant: Royal Mailpossibly???
Solicitor: HLWKeeble Hawson

Particularsof Claim: Theclaimants claim is in respect of an overpayment of salary/expensesfull particulars of which have been previously supplied. And theclaimant claims 4200 GBP, Account number xxxxxxx. The claimant claimsinterest under section 69 of the county courts act 1984 at the rateof 8% a year from 24/08/2015 to 5/04/2016 on £8.00 and also interestat the same rate up to the date of judgement or earlier payment at adaily rate of £0.91

Isthe debt Statute Barred? NO
List any letters you have sent: Noneyet
Any Other Info:

Wellwhat a week for me and my wife, 1st she gets a court claim now i getone startingto take its toll now.
It started when royal mail closed ouroffice, it moved to another office and so i chose a 3 year lump sumfuel allowance. It was for £15000, after tax i received around£9700. After 2 years and 2 months the travelling started to take itstoll and decided to leave. I initially got a letter saying theywanted over £4000 and i explained that i could not afford that andoffered a payment plan of £100pm on the phone but they refused, now i havereceieved a court claim for around £4200.

What step doi do now as its not a consumer debt so unsure of the procedure, alsoin the particulars of claim it states they previously sent me theparticulars but i know they have not, they have not shown me how iowe this amount and how they have come up with this number, anyadvice appreciated, not a good year for me so far

[R0b]

Re: HLW Keeble Hawson court claim received

Hi Haggis, not sure what happened either.

As I said previously, you will need to acknowledge the claim if you wish to defend and then you will need to fire off an email to the file handler which should be on their letters or call them and find out. You don't want to admit in part as that will admit at least a sum of money and if you can't remember signing anything that says you will owe the money if you leave then you will have already put yourself in a hole and once you admit you can't backtrack on the admission.

You need to contact Keebles and specifically request at least the following:

1. A copy of the overpayment/expenses they are relying on
2. Confirm if there are any other documents they are relying on and if so, state them and provide a copy along with the overpayment/expenses
3. If the overpayment/expenses sheet does not provide a breakdown of how they have come to the calculation then a breakdown is required
4. If they can't provide the documents within 7 days, then you will require an extension to file your defence in order to allow the documents to be received and considered.
5. If they refuse to provide any documents including the overpayment/expenses, you reserve the right to bring the email to the courts attention in relation to their unreasonable conduct/behaviour when the court is assessing costs.

You will need to weigh up whether you can remember signing any documentation or if you have any current documents in your control from your job which relate to the allowance and if there was any specified terms that you signed and agreed to when taking the allowance out.

For example, you can still choose to defend the case and admit that you were given a fuel allowance but deny that you owe any money as there was no agreement to repay it back.

In a different scenario, when businesses fund employees for training they will often state that after training is completed they must continue to work for them for a period of time e.g. 2 years or if they leave within those 2 years then they will need to pay a percentage of the amount funded back. Again for example, leave within 6 months = 60%, 12 months = 40%, 18 months = 20%. This is how they could have calculated it but they have not specified any agreement that says so just this so-called 'overpayment/expenses'.

You could also possibly argue that even if money was owed, your alternative argument is that they refused to accept any payment plan despite offering £100 per month which is what you could afford at the time and therefore it is Royal Mail have unreasonably brought legal proceedings which if judgment is awarded, will put them in the same situation as before (subject to your finances).

[Amethyst]

Re: HLW Keeble Hawson court claim received

It's here, http://legalbeagles.info/forums/show...929#post640929 I believe when you asked to remove a post that post was moderated which, if it's the first post, results in the whole thread being moderated. I'll reapprove it

[Amethyst]

Re: HLW Keeble Hawson court claim received

Merged