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

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Comments

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

    Hi there - there is, BUT I don't like playing the victim, (Plus its embarrassing when you are taken for a bit of an idiot) so am simply looking for the wages owed & nothing else.
    But thank you for your concern its rather nice that someone actually reads between the lines & realises...
    Thank you
    X
    Karin
    :o
  • If their forwarding company is in the habit of losing that proportion of the firm's post, I'm surprised the people you're taking to court are still in business.
  • If their forwarding company is in the habit of losing that proportion of the firm's post, I'm surprised the people you're taking to court are still in business.

    HI -
    Thats what someone at the CAB said too :rotfl:
  • real1314
    real1314 Posts: 4,432 Forumite
    OhReally wrote: »
    Anyone else getting the feeling there is a lot more to this than the OP is letting on? :cool:

    Not really. Of course, any such cases will be more complex than a brief posting could explain, but do you have something specific in mind? :cool:
  • ILW
    ILW Posts: 18,333 Forumite
    Were you actually employed (PAYE) etc.
  • Wywth
    Wywth Posts: 5,079 Forumite
    real1314 wrote: »
    Not really. Of course, any such cases will be more complex than a brief posting could explain, but do you have something specific in mind? :cool:

    The OP has already admitted there is more to this. ;)

    Whilst I understand the OP does not want to play the victim, unfortunately it's very difficult to give good advice about a particular situation unless we are made aware of the circumstances.

    By withholding what could be important details, the OP may as well just tell us the response they want to hear.
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    First Post Name Dropper First Anniversary Combo Breaker
    Sorry to hear this. I suppose you go to the hearing, oppose the application to set aside the verdict based on the following:

    -They clearly did know about the proceedings
    -There is little chance a different verdict could be reached as they wouldn't be able to make a fresh argument or present fresh evidence
    - You believe there is a chance that the application is merely vexatious, to waste your time and that of the court

    Try to evidence all points.

    In particular, you want to try to get them to fail the tests indicated at this link below.

    http://www.aboutsmallclaims.co.uk/set-aside-judgment-court-hearing.html

    If they do set aside the verdict, you just have to argue your case again, but if you can add further costs to your claim. You'll get there in the end.
  • Wywth wrote: »
    The OP has already admitted there is more to this. ;)

    Whilst I understand the OP does not want to play the victim, unfortunately it's very difficult to give good advice about a particular situation unless we are made aware of the circumstances.

    By withholding what could be important details, the OP may as well just tell us the response they want to hear.

    :beer:
    Simply, I was employed for circa 7 weeks, before being called into hospital for an emergency biopsy under the "2 week rule" (Look it up if you feel you want too).
    I took NO time off sick (used a days holiday (went in for minor exploration surgery on a Thursday) Went back to work Friday as was a new job. However while there my boss & I discussed my prognosis & she said I could leave - no problems because of the circumstances..
    Then (when I was actually in hospital having another emergency surgery) she didn't pay me..
    Thats the extra bit too it..
    the court had all the emails & Hospital papers etc.
    They ruled I should be paid my salary for the time I worked.
    I totally believe the employer received everything, BUT are being "difficult" - that's all.
    :)
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