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Accuracy of "Particulars of Claim"

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  • Accuracy of "Particulars of Claim"

    Hi Everyone.

    New member here seeking any helpful advice.

    I left the Prison Service on the 8th of September 2016, i had resigned through all normal channels and had served my months notice, at the end of September i was expecting to be paid for a few days at the start of September but instead got a whole months wage,

    i tried to phone the prison who wasn't interested, so i phoned Shared Services HR (SS) to be passed from pillar to post for nearly 2 hours because they wouldn't actually take my word for it that i had resigned!! (Nobody at the prison had told them) so i had to phone back the prison again and plead with them, that someone their end tell shared services that i left weeks ago and to stop paying me! I also asked both the prison and SS to take the money from my account immediately because of having problems finding a decent job, SS wasn't responding to reference requests (HMPS policy to send to them) leaving a 14 year blackhole in my CV. Again though, not interested and didn't hear nothing else until about 11 months later, via a solicitor demanding full payment, i offered a payment offer, they stuck another 0 on it and sent me bank details back, I couldn't afford it so i doubled my original offer which was all i could afford in current circumstances, and just payed that, every month, i heard nothing for a few months then had a demand for missed payments, (to what they wanted) 2 weeks later, they send a letter that they are isssuing court proceeding, on the go ahead from SS on Thursday.

    I managed to borrow the money and payed them back via mobile banking on Friday morning. I went to work and came back home to a claim form, their not interested that I've payed the whole amount, they now want an extra £230 for Court fees, their fees and interest charged at 8%

    However, in Particulars of Claim it reads like this: ((Bits in bracket, how im going to argue it (try)
    "The Claimants Claim is for the sum of £708.89 ((This now payed)) due to the claimant from the defendant from 09/09/2016 to 09/09/2016 in respect of an over-payment of salary paid to the defendant by the claimant, full particulars which have been provided to the defendant before the action commenced (( This was for an over-payment for the period 09/09/2016 till 30/09/2016 minus pension contributions, I was never ever payed £708.89 a day)) The Claimant further claims in interest at the rate of 8% per annum under section 69 of the County Courts Act 1984 calculates at £89.28 from 09/09/2016. Claimants Claim £798.17 ((I was never payed anything on the 09/09/2016, it is policy to pay on the last day of the month of the last day of service (30/09/2016) bank statements to prove, statements even sent from them in the past confirming))

    I think its quite disgraceful they've signed (well typed signed)
    "The Claimant believes that the facts stated in this claim form are true and I am duly authorised by the claimant to sign this statement."

    SS have a long history of overpaying staff who are alot less honest than me, and i begrudge having to pay this incompetent organisation a penny more, (they was 3 months late with paying my Dads pension, a freind of his.. 6 months, No interest payed!!

    Any help or advice would be greatly apprieciated




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