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In early 2015 I was looking for work and I received two job offers almost simultaneously.
I accepted the second job as it was better pay and conditions and they worked really hard to get me on board, but prior to this I had said (in an email) that I would “see you on <insert start date here>” to the boss for the first job because he was pushing me to accept his job offer.
The second job required some strict vetting, so I decided to not refuse the first job until I was 100% certain of the second. That didn’t actually happen until the day of the start date of the first job.
So I started the second job and wrote an email to the first, apologising and saying that I had taken up another offer.
A few weeks later, the first employer invoiced me (about £500) for “wasted time”. He cited that because I had written that I would see him on <insert start date here>, that actually constituted a legal and binding contract of employment. I had clearly upset him though I felt I had been put between a rock and a hard place because I couldn’t refuse his offer until the vetting had completed successfully on the second job.
I didn’t agree with his invoice (people decide to go for other jobs all the time!) and so I refused to pay. He then took me to court.
I intended defended the claim, sending in all the initial paperwork saying so, but because I was horribly busy, combined with having a written-off car causing me six hour a day commutes by bus, I (just) failed to get the second set of defence documents in to defend the claim. I actually had them prepared but didn’t send them in.
So in the end he got a default judgement. I actually didn’t think I could do anything about that and that the CCJ would have to sit on my file for years.
But I have recently discovered that I could get the default judgement set aside. and the case would be allowed to continue. I am trying to get finance on a new home now and the CCJ has become an issue.
I wrote to the offeror of the first job and offered part payment if he doesn’t re-contest the case and he has agreed to that.
My concern is that I have left it quite a long time now - about eighteen months from the date of the default judgement - and I have read that I need to re-apply “quickly and have a good reason to resume the case”?
I am worried that “overwork” is not a valid reason to have the default judgement set aside? I was on six hour a day commutes and concerned for my position in my new job and missed completing the documents by just a day.
If a judge does agree to the set-aside, it will not be re-contested. Should I mention that on my initial form or should it be kept private between the petitioner and myself?
So my questions are: is it still possible to get this default judgement set aside over a year after the default judgement? What should I put on the N244 form to explain why the paperwork wasn’t completed in time and should I mention (or not) the fact that it will not be re-contested?
Thanks for reading and thanks in advance for your help.
I accepted the second job as it was better pay and conditions and they worked really hard to get me on board, but prior to this I had said (in an email) that I would “see you on <insert start date here>” to the boss for the first job because he was pushing me to accept his job offer.
The second job required some strict vetting, so I decided to not refuse the first job until I was 100% certain of the second. That didn’t actually happen until the day of the start date of the first job.
So I started the second job and wrote an email to the first, apologising and saying that I had taken up another offer.
A few weeks later, the first employer invoiced me (about £500) for “wasted time”. He cited that because I had written that I would see him on <insert start date here>, that actually constituted a legal and binding contract of employment. I had clearly upset him though I felt I had been put between a rock and a hard place because I couldn’t refuse his offer until the vetting had completed successfully on the second job.
I didn’t agree with his invoice (people decide to go for other jobs all the time!) and so I refused to pay. He then took me to court.
I intended defended the claim, sending in all the initial paperwork saying so, but because I was horribly busy, combined with having a written-off car causing me six hour a day commutes by bus, I (just) failed to get the second set of defence documents in to defend the claim. I actually had them prepared but didn’t send them in.
So in the end he got a default judgement. I actually didn’t think I could do anything about that and that the CCJ would have to sit on my file for years.
But I have recently discovered that I could get the default judgement set aside. and the case would be allowed to continue. I am trying to get finance on a new home now and the CCJ has become an issue.
I wrote to the offeror of the first job and offered part payment if he doesn’t re-contest the case and he has agreed to that.
My concern is that I have left it quite a long time now - about eighteen months from the date of the default judgement - and I have read that I need to re-apply “quickly and have a good reason to resume the case”?
I am worried that “overwork” is not a valid reason to have the default judgement set aside? I was on six hour a day commutes and concerned for my position in my new job and missed completing the documents by just a day.
If a judge does agree to the set-aside, it will not be re-contested. Should I mention that on my initial form or should it be kept private between the petitioner and myself?
So my questions are: is it still possible to get this default judgement set aside over a year after the default judgement? What should I put on the N244 form to explain why the paperwork wasn’t completed in time and should I mention (or not) the fact that it will not be re-contested?
Thanks for reading and thanks in advance for your help.
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