Civil National Business Centre

[IvanBarton]

Hi Guys

Had a claim form from these over an issue that I had been ignoring.

It gives me 14 days or something MAY happen, will it? I think I should ignore.

Ivan

[islandgirl]

I think people will need more info - what is the claim for, when was it received, what previous correspondence has there been etc. Noone can help you with the question as it stands

[IvanBarton]

Ok sorry

Ex work place claim to have over paid when they did not. They say I notified of sickness too late when I did not.

Job injury now I can't work and am only on small benefits and have no money.

This is from five years ago.

Just over 5 years they contacted me I entered into conversation. They said they will speak to people who with held my fit note but just sent me debt letters which I ignored.

I have been ignoring for 5 years this Christmas now this came this morning.

I have always said I don't own debt and also have no money to pay. They have been charging interest too

[islandgirl]

Thank you - hopefully one of our members who has experience in this area will now advise

[des8]

Please post up the FULL wording of the Particulars of Claim that you have received.

Do not ignore that form

You need to follow the instructions on the claim form, otherwise the company will obtain a judgment against you (a CCJ)
Suggest you acknowledge the claim, but do not make a defence yet.
That will allow you a further 14 days in which to compose your defence

[IvanBarton]

Ok words are

The defendant a private individual was employed by claimant a public body The claimant made an overpayment of salery to the defendant due to late notification of a period of sickness absence and termination of employment in the net sum of £+++ to which defendant was not entitled
Despite requests the sum and f £+++ remains due and owing to claimant. Claimant vckaims
1 the sum paid to the defendant in error to which they were not entitled
2 statutory interest to the date of issue to the sum of£+++ and continuing at a daily rate of £++ u til paid in full or sooner judgement
3 costs
The claimant claims interest under section 69 of county courts act at rate of 8% a year from 2019 to 2023 on £+++ and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £+++

[des8]

Do you deny you were overpaid?
Do you deny you were late notifying your employer about your sickness?
Do you know why your employer is claiming an overpayment of salary due to termination of employment?
Did you realise you were possibly overpaid before your employer raised the matter?

Tagging ULA

[IvanBarton]

I deny I was over paid
I deny I was late telling them I was sick and late telling them I'd resigned
I don't know why they are doing this
I have no idea about any over payment.

They contacted me about it and it was the first I'd heard.

My fit notes were emailed to the manager and sent to her by post as they said fir me to do.

I resigned and was told to do it a month later instead which I did

Whilst sick I had monthly contact with management and HR who never raised any concerns about got notes.
I didn't have access to the wage slips which were electronic and they didn't send me paper ones so therefore I couldn't check them

Tbh I was far too sick to care at the time I suffered a horrific injury due to working for them and was in no fit state to do anything.

My partner took work here and there and times were very difficult

[ULA]

I am not as experienced as other members who have posted on this thread, about the process you are now in as it is a civil court claim.

However, from an employment law perspective if an employer had overpaid an employee then they have a legal right recover this. Since you have left their employment they cannot recover from salary so the alternative is via a court claim. If they have been unsuccessful via other contact with you, such as the debt letters you have received, then this is the only way for them to now try and recover the monies they believe are due.

As the other members have said you need to engage in the process now.

What I suggest you do is pull together all the information you need to defend the claim, payslips, copies of the emails you sent with the fit notes and any documentary evidence you have about your resignation and being told to leave it month.

[atticus]

Yes, it will happen. Take this seriously.

[des8]

So approx how much are they claiming?
Is your employer running the claim themselves or using a solicitor?

[IvanBarton]

des8 they are claiming around £7000 I think they are doing it themselves they have their own solicitors who advise them

[IvanBarton]

I am going to get all of that together is there a form I can fill in to get it wiped.

I don't have the money to pay this so I'll have to represent myself too

[wales01man]

If you think they will go for a CCJ why not make an offer to pay what you can afford?

[atticus]

I am going to get all of that together is there a form I can fill in to get it wiped.

I don't have the money to pay this so I'll have to represent myself too

No, there is no form to fill in to "get it wiped". If only things were that easy.

You either defend the case or settle.