Unpaid wages - Won CCJ against co - They now want Set-aside

Karin-F · 25 October 2012 at 2:28PM

Hi all, I worked for a company in feb / march 2012 & they never paid my wages (paid a quarter of it said they were unable to pay all) - I sent the part payment back & after much arguing, went to County Court & won a CCJ.

The Company has been aware of this all the way through the process, BUT just as I instruct debt recovery (Sept 2012) - They sent in an "Application to set aside" stating they never recieved all the documents from the court in the last 6 months due to a business forwarding company not forwarding their mail...

I have emails from the company Director & so does the court through this time proving they knew of the case, I infact asked them to pay numerous times, to stop the court case (& save me money).
However the court has now stopped recovery & is having a "Hearing in Dec...
What do I do?
all I want is my earned salary - I havent even asked for my expenses etc.. JUST my salary - How can company's get away with this?

Any advice would be extremely welcome.
K
:T

miduck · 25 October 2012 at 3:08PM

Attend the hearing with copies of all your evidence. I doubt they will get anywhere, but you do have to go through with the process.

Wywth · 25 October 2012 at 3:27PM

Karin-F wrote: »

Hi all, I worked for a company in feb / march 2012 & they never paid my wages (paid a quarter of it said they were unable to pay all) - I sent the part payment back & after much arguing, went to County Court & won a CCJ.

The Company has been aware of this all the way through the process, BUT just as I instruct debt recovery (Sept 2012) - They sent in an "Application to set aside" stating they never recieved all the documents from the court in the last 6 months due to a business forwarding company not forwarding their mail...

I have emails from the company Director & so does the court through this time proving they knew of the case, I infact asked them to pay numerous times, to stop the court case (& save me money).
However the court has now stopped recovery & is having a "Hearing in Dec...
What do I do?
all I want is my earned salary - I havent even asked for my expenses etc.. JUST my salary - How can company's get away with this?

Any advice would be extremely welcome.
K
:T

Why did you send some of your wages payment back?

You should have just pursued the company for the difference. By not doing so, you have not mitigated your loss.

Fortunately you say you are not asking for expenses, so as miduck says, go to the hearing where you will probably get awarded with the salary you are entitled to.

Karin-F · 25 October 2012 at 5:28PM

Hi all, thank you, I am attending definitely, with all the evidence.
Also just on why I sent the part payment back - the company sent a email stating if I accepted it that would end their liability.
I knew I was entitled to the wages for the hours/days I had actually worked.
For me, it just made it simpler to pursue the full amount & return the part payment stating I was not accepting it.
Thanks again
K

hcb42 · 25 October 2012 at 11:02PM

If they didnt have the money to pay in full then, I am not sure pursuing now will make a difference. I too woould have took the part payment (assuming you took some advice at the time..?

When i was made redundant as company went into administration, I got a minimal amount, put claim in to the administrators for notice and loss of earnings, and eventually got the miniscule pay out that the administrators offer.

Karin-F · 26 October 2012 at 10:41AM

hcb42 wrote: »

If they didnt have the money to pay in full then, I am not sure pursuing now will make a difference. I too woould have took the part payment (assuming you took some advice at the time..?

When i was made redundant as company went into administration, I got a minimal amount, put claim in to the administrators for notice and loss of earnings, and eventually got the miniscule pay out that the administrators offer.

Hi,
Its not that they dont have the money - They are still very much trading & getting busier all the time - They just dont like paying - I am one in a long line of staff this has happened to, but only 2 of us have pursued the money through court - because others have chosen not to, the company seems to assume its ok to do this.
They are like it with suppliers also - owning thousands - its been a real eye-opener.
:mad:

Caroline_a · 26 October 2012 at 10:52AM

Why didn't you go to an industrial tribunal?

miduck · 26 October 2012 at 11:47AM

Caroline_a wrote: »

Why didn't you go to an industrial tribunal?

For simple cases like this, small claims is much faster/ simpler.

OhReally_2 · 26 October 2012 at 1:51PM

Anyone else getting the feeling there is a lot more to this than the OP is letting on? :cool:

CAB_National_Representative · 26 October 2012 at 3:02PM

Karin-F wrote: »

Hi all, I worked for a company in feb / march 2012 & they never paid my wages (paid a quarter of it said they were unable to pay all) - I sent the part payment back & after much arguing, went to County Court & won a CCJ.

The Company has been aware of this all the way through the process, BUT just as I instruct debt recovery (Sept 2012) - They sent in an "Application to set aside" stating they never recieved all the documents from the court in the last 6 months due to a business forwarding company not forwarding their mail...

I have emails from the company Director & so does the court through this time proving they knew of the case, I infact asked them to pay numerous times, to stop the court case (& save me money).
However the court has now stopped recovery & is having a "Hearing in Dec...
What do I do?
all I want is my earned salary - I havent even asked for my expenses etc.. JUST my salary - How can company's get away with this?

Any advice would be extremely welcome.
K
:T

Hi Karin - we'd urge you to contact your local bureau for help and support on this. We have a leaflet on "Employer withholds pay" but, as you've already won a CCJ, it is probably best to get detailed advice.

Karin-F · 26 October 2012 at 4:42PM

Hi, Thanks all, I posted on here in a bit of a rush as I was rather surprised that an appeal to set aside had been lodged so far after the fact, However after a couple of days & a few calls to the court I am much calmer.
Thank you to everyone who has offered advice.
For Caroline above, Tribunals are long winded & the small claims route actually gets in front of a judge quite quickly. This got the CCJ in my favour for the salary quite simply & without fuss. which is all I want - payment for work done.
Before the CCJ was issued, the plaintiff had plenty of time to state a case & indeed attend, but I have now contacted the courts & it seems 5 or so letters over the course of the 5 months from the court to the plaintiff went awry so in law they get another chance to state why they feel they don't have to pay wages to an employee.
I am happy to go to court again, with my evidence & re-state my case - it will be hard to see how one judge will see the evidence in a different light to another...

Re; CAB national Rep advice, Thank you - I have been offered representation, But I am confident that the law as it is will be on my side, I am jst asking for payment of wages - npt expenses or anything else, Just my salary for work done.
Thanks again everyone
X

Unpaid wages - Won CCJ against co - They now want Set-aside

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