Court Action - Please Help!

Shedsrus

I need some advice regarding overpayment of salary. My daughter has just had a court order presented to her to recover overpayment of salary from a period in 2009.Knowing my daughter and the typical care-free attitude of single 20 somethings, I wouldn't discount the fact that she had been overpaid and hadn't given it another thought apart from convincing herself that this was a bit of good fortune (innocence and stupidity of youth). My query is based around the employer's responsibility of contacting her to inform of the overpayment in the 1st place and that they intended to take court action in the 2nd.

The circumstances are that she left the employment and moved home address (even country) and the 1st time she was officially informed about the OP was when the court order with fees and oodles of interest was presnted to her by a debt collector (yesterday!). On initial investigation the council recovering the monies has indicated that her 'file' showed she had been sent a letter back in 2009 but it was sent to an address she had vacated some considerable time before her employment period. Her employer had been given her details including home address whilst in employment and a forwarding address of her new employer when she left but it would appear (and I'm not totally sure about this as she has to go back to her present employer in another country before confirming) that no other correspondence was sent.

My question therefore: I would have thought that in order to recover the overpayment through court proceedings, her last employer would have had to take 'reasonable' measures to contact her and that if indeed they have not sent correspondence to her address when she was employed with them or her new forwarding address then they haven't acted reasonably? Now I'm not saying that this may be a defence to avoid paying the overpayment because at the end of the day, if she has received money she hadn't earned and not entitled to receive then she most definitley has to pay it back- of that there is in no doubt and will be done. My 'truck' is that the additional expense of court proceedings, debt collector and interest for such a lengthy period have swallowed the overpayment amount and will have not only 'blackened' her name and credit rating but as it was delivered to my address, would have the same impact on me and this address. If the evidence is that they haven't taken reasonable measures, have I any recourse to reclaim all other expenses and clear our names? Thank you

DVardysShadow

Your name and address are in the clear. Poor credit does not attach to addresses and will only attach to you if you share financial products - eg a joint account.

You need to get the judgement set aside http://www.insolvencyhelpline.co.uk/debt_factsheets/how_to_set_aside_a_judgment_in_the_county_court.php refers. Probably the debt free wannabe forum has the best expertise on this - I know you posted there originally, but you really need your own thread for this. Perhaps you could ask a mod or a board guide to move this thread.

Shedsrus

Thanks for your advice, I will also approach CAB. I am convinced the law is based on being reasonable in the same way as I had to demonstrate reasonableness in persuing a small claim against a large company. I wonder if it is the same when a government dept is involved!