Require Help with a Claim Form

[zak290]

Hi,

I was sent a letter on 28th July which seems to be a claim form with limited information asking to pay £695.25 for overpayment of salary, £235.85 interest on top, £70 court fee and £70 for legal representatives cost. Total amount £1070.83

In march 2017 I left employment with a company and they claim to have overpaid me as I used my holidays then I was entitled to before end of business year. I left that address and moved to a different address. Now I re-joined the company again after 4 years and all of a sudden last week I received this claim letter. I do not know how to proceed, it would be great if anyone can help as I only have 2 days to respond.

[echat11]

Hi ZAK290

You need to Acknowledge the Claim, you can do it online that gives you more time to decide how to proceed. It's bit of a 'strange' situation for you to be in.

https://legalbeagles.info/library/gu...ledge-a-claim/

[zak290]

Hi ZAK290

You need to Acknowledge the Claim, you can do it online that gives you more time to decide how to proceed. It's bit of a 'strange' situation for you to be in.

https://legalbeagles.info/library/gu...ledge-a-claim/

Thank you for swift response, I will acknowledge the Notice today. What would you suggest I do there after, speak to the company or request a CPR 31.14?

[MIKE770]

not a credit card debt, what is your position on this claim, ? if they are correct then what action are you going to take?

[echat11]

Thank you for swift response, I will acknowledge the Notice today. What would you suggest I do there after, speak to the company or request a CPR 31.14?

You could send them a SAR, but there is limited time. You could write to them, speak an explanation for the claim, explain that you moved so didn't receive letters they might of sent. Explain that you are happy to talk to them about the matter, but would like them to send you documentation regarding the claim. Explain that the court claim was unnecessary under the circumstances as you are back working for the firm.

[zak290]

MIKE770 - If they are correct I will have to pay the sum owed. Just wondering if the interest can be taken off and it can be paid off monthly rather then the entire sum all at once.

also wondering if I should contact my HR and ask them why they have sent me this claim rather then contacting me directly as I have just joined them a month ago and they could have spoken to me directly or deducted it from my wages.

[MIKE770]

ring or speak if on site., HR and ask just that question., also in view of the situation (if you are willing to pay it) them to withdraw the claim? if they say no then if it was me I would state if you continue I will point out to the DJ that they failed to contact you prior to this claim and refused to settle out of court., save as to court time?? as for events you rejoining them issue claim it is suspect why not dealt with via you at place of work??? as it would seem you are employed with them. again? (sounds like a persons/persons have not got their ducks in a row)

[echat11]

It might be an idea to do everything in writing as there is a court claim. You might need that correspondence to show the court that you've tried to resolve the matter.

[MIKE770]

a diary of events make from the start. but HR make note of the outcome date/time - their response. if goes wrong it can be recorded as unreasonable behaviour by them. also cost element if ever it should get that far., but if what you say has been the case if they continue there is more to events? and as you are employed by them now questions about actions could paramount in any case. sounds all higgly/piggly the way they are going about this?

[zak290]

I’m a little bit confused. This claim
form they have sent me is this a CCJ? If I was to pay it or do a monthly repayment with that go against me as a CCJ or will it prevent me getting a CCJ?

[ostell]

This the form to start the process leading to a court hearing. It's only if it does get to court (a long time yet!) and you lose will a CCJ be recorded against you. If you do lose and pay within 30 days then the CCJ will not be recorded against you.

If you feel you should pay it then do it now and all proceedings will stop. If you feel they are wrong in claiming as you were using accrued holiday pay then state this.

[zak290]

Hi, so I have acknowledged the claim online. Have contacted my HR who have said they didn’t issue any claim and there’s nothing showing on their system. Advised to contact CST Law whos issued the claim on claimants behalf.

kind of stuck with what to do and don’t understand

[echat11]

Email CST Law, ask who at the company instructed them to issue the claim against you, tell them the HR Department at the company have instructed you to do that (It's weird that HR don't know about it, they are the people that should know).

[zak290]

When I contacted my company who are owned by centrica and centrica is on my payslips, the HR advised it’s separate from our business so we have no record of this. I’ve contacted CST they have said the legal team will call me back once they are available.

The whole thing is a mess as even if CST law say centrica is the claimant then why is my company saying we have no record of this.

[echat11]

Wait for them (CST) to call you back, a 'mess and confusing'.