Civil National Business Centre

[IvanBarton]

What will be my best line of defence

[IvanBarton]

I wondered if there was something I could ask the court to get them to wipe the debt.

[wales01man]

I wondered if there was something I could ask the court to get them to wipe the debt.

If only this was possible if this gets to court you will need a defence or accept the debt and agree a payment plan

[IvanBarton]

Will they accept as my defence that I had no reason not to believe that baby money in my account was mine because management and HR told me to send on sick notes by hard copy and email which I did. They told me to resign at a later date which I did and they put they pay slips into an electronic system which I had no access to as I had no work card to allow me onto the system and after a period of time idle the card is automatically cancelled

Plus I have a joint account with my partner who now works and I don't because I can't will they expect to take money from the household or just me. All My money is benefits

[des8]

If you intend to defend this claim, you will need to structure it properly.
So collect all the documentation as suggested by Ula in post 9, together with a copy of your employment contract

You may well also have a defence of changed position (i.e. you thought the money was yours and spent it)

Whether or not you have grounds for a successful defence in court we cannot say as we do not have sufficient information

[IvanBarton]

Hi all

Firstly thanks for all the helpful answers I had on my other post regarding this issue

I have decided to defend the case for the following reasons.

Firstly as suggested on my other thread...change of position. I do not have the money to pay and at the time of the alleged over payment I had every reason to believe all money in my account was legitimately mine.

I have e mails I am using as evidence.

Secondly I'm saying I was sent no wage slips as they had changed to an electronic system which I had no access to as I was off on long term sickness.

Thirdly they're charging interest but when they first informed me of the alleged over payment I told them I'd come to court to deal with it and it took them another three years and some long periods of silence to do so.

Fourthly I was extremely unwell and this was caused by my employment with them.


I am hoping the court would either write the debt off or make me pay back some and not all of what my previous employer is claiming

My question is are they allowed to include compensation they paid me in the financial calculations if I am to pay money back to them.

I was left very unwell and unable to work so I sued them for money for my on going treatment. I have some of that money left as I am not finished treatment yet, can they ask I pay them from that or is that money safe.


Thank you

Ivan

[ULA]

Can you clarify that what you mean by "are they allowed to include compensation they paid me in the financial calculations..". was some a payment towards treatment. You say you sued them for this, did you make a court claim?

[IvanBarton]

ULA I used them using a pro bono solicitor they settled. There were no stipulations on what the money was used for. I have used it for treatment and debt incurred by being sick and our of work.
I'm wondering if they can say I can pay them out of it

[ULA]

It sounds like this was a personal injury claim related to your injuries sustained at work then that is entirely separate for which you have received a settlement unrelated to the current claim your ex-employer is bringing against you.

[IvanBarton]

ULA Yes that's correct but I am saying I have no money to pay the overpayment I had no idea of and I don't want them to say yes you do because you got compensation.

I think this overpayment thing is revenge anyway

[ULA]

If the comoensayion paid has been used for treatment and other expenditure then you will have proof that the money is no longer available.

[IvanBarton]

Update and questions on this.

I have mediation booked in for February and it says I have to be willing to negotiate.

I don't have experience of this and want to be reasonable.
I am now on 40% of the wage I was on when I worked for these people and it's all benefits.

Would it be reasonable to propose the following.

Get rid of the interest as they didn't deal with the matter in a timely fashion..12 months between emails about it but charging interest every day.

Cut the alleged overpayment down to 30-50%

I will work part time from home to pay back what's left to pay bearing In mind I don't think I should pay anything and I am still very ill but I want to offer something reasonable.

Will this be seen as me trying to offer something to avoid court?

Thanks
Ivan