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Claim for overpayment of salary

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  • Claim for overpayment of salary

    I have received a solicitors letter who are acting on behalf of a previous employer claiming I was overpaid by £14000 and if I don't pay they will look to obtain a CCJ against me... I called the solicitors in question and asked what it was all about...I was told that employer stated I never actually turned up for work from day 1 but that they paid me hence they wanted their money returned... I explained that I did actually attend work and was informed they would go back to my ex employer and investigate..... nothing heard for 5 months so figured it had been resolved... then last week a letter arrived from said solicitor saying it was now £9000 they were claiming.... They have never sent any proof I did not attend work.. and it is actually very difficult to prove I did.. well you never think you are going to have to prove you were actually in the office every day!... my question is..... If they do actually go for a CCJ, will I be allowed to attend court and present what little evidence I have to prove that I did actually work as their solicitor gave the impression that when they go to court its a done deal they will get the CCJ!!!

    Sorry if this is in the wrong thread...
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  • #2
    Re: Claim for overpayment of salary

    Odd how they would refer to this as an overpayment.

    Within the English Legal System there is a small matter of 'he who asserts must prove'.

    It is not your duty as the defendant to prove that you are right, it is the duty of the claimant to prove that you are wrong. In other words, they must start by proving that you did not attend work, you don't yet have to prove that you did.

    Yes, you will be allowed to attend court, if there is a hearing, it wouldn't be justice if you didn't. Any evidence you rely on will be evidence to rebut the evidence presented by them.

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