Owing an Ex Employer Money

jayss

Did you have a new job to go to immediatly?
Were you prepared to work your notice if required?
You did them a huge favour by not insisting on being paid your notice, they should give you some leeway.

1TrueHornet

I'm happy to pay £150 a month to clear the balance as quickly as I can afford too.

My boss has come back today saying to "get a loan" to pay it back in one sum.

The bike repayments would have only been £50 a month over 12 months

matttye

1TrueHornet wrote: »

I'm happy to pay £150 a month to clear the balance as quickly as I can afford too.

My boss has come back today saying to "get a loan" to pay it back in one sum.

The bike repayments would have only been £50 a month over 12 months

What a tw... Sounds like he's deliberately making it difficult for you.

You're under no obligation to increase your debt by taking out a loan to pay him back so tell him to eff off on that point.

Gordon_Hose

If you have good credit now, and value that good credit, I'd be very wary of letting them take you to court.

Even though you can afford to pay £150 a month, and even if the judge agrees that is what you should pay, you can still end up with a CCJ.

matttye

Gordon_Hose wrote: »

If you have good credit now, and value that good credit, I'd be very wary of letting them take you to court.

Even though you can afford to pay £150 a month, and even if the judge agrees that is what you should pay, you can still end up with a CCJ.

If he is taken to court and pays in full within a month then the CCJ is removed from the register, so he can worry about that if his employer actually follows through with the threat.

triple_choc_chip

Judging from the timescales involved it would not pay the ex employer to go to court if 1TrueHornet starts paying now and continues.

The ex emp would need to send a letter before action and then wait 14 days for a response. It takes approx 7 days for the papers to be issued and deemed delivered. 1TrueHornet then has 14-21 days to file a defence.

The next stage is usually mediation and if this failed a date for court would be set, approx 3 weeks after mediation, though I would think a mediator would recommend the ex emp. accept the payments he is now receiving and discontinue the case.

By the time this paperwork is under the judges nose, the debt would be 50% paid with 1TrueHornet having demonstrated a commitment to paying. I can't see this going the ex emp's way at all -more likely to be told they have wasted court time.

Worst case scenario - if it all ended in a CCJ it would be for half the original amount which hopefully by that time 1TrueHornet could have squirrelled away in anticipation of a negative outcome.

stevemLS

triple_choc_chip wrote: »

Judging from the timescales involved it would not pay the ex employer to go to court if 1TrueHornet starts paying now and continues.

The ex emp would need to send a letter before action and then wait 14 days for a response. It takes approx 7 days for the papers to be issued and deemed delivered. 1TrueHornet then has 14-21 days to file a defence.

The next stage is usually mediation and if this failed a date for court would be set, approx 3 weeks after mediation, though I would think a mediator would recommend the ex emp. accept the payments he is now receiving and discontinue the case.

By the time this paperwork is under the judges nose, the debt would be 50% paid with 1TrueHornet having demonstrated a commitment to paying. I can't see this going the ex emp's way at all -more likely to be told they have wasted court time.

Worst case scenario - if it all ended in a CCJ it would be for half the original amount which hopefully by that time 1TrueHornet could have squirrelled away in anticipation of a negative outcome.

Afraid the post above hasn't quite got it right.

Can give a reasonable time to respond to an LBA - can be 7 days.

If N1 claim form is issued in local county court can be issued there and then and served the same day personally or next day by post.

Then 14 days to acknowledge service and further 14 to lodge defence. But there is no defence, debt is acknowledged.

Mediation is only by consent of both parties and small claim so no costs consequences, or unlikely in any event.

Role of mediator is not to make recommendations but to assist and in neutral way parties to come to agreement.

Judge will have no option but to issue judgment for employer, facts of debt not in dispute, only repayment terms.

OP sounds to have deliberately handed in notice day after payday and left without notice by agreement.

matttye

stevemLS wrote: »

Afraid the post above hasn't quite got it right.

Can give a reasonable time to respond to an LBA - can be 7 days.

If N1 claim form is issued in local county court can be issued there and then and served the same day personally or next day by post.

Then 14 days to acknowledge service and further 14 to lodge defence. But there is no defence, debt is acknowledged.

Mediation is only by consent of both parties and small claim so no costs consequences, or unlikely in any event.

Role of mediator is not to make recommendations but to assist and in neutral way parties to come to agreement.

Judge will have no option but to issue judgment for employer, facts of debt not in dispute, only repayment terms.

OP sounds to have deliberately handed in notice day after payday and left without notice by agreement.

So it will be 3 weeks to a month + however long the claimant dithers over taking action, by which time at least some of the debt will be paid or the OP will have saved some money to put towards it (if he chooses not to pay the claimant until agreement is reached).

By the time this gets to court it shouldn't be the full £1,000 left owing, but hopefully somewhere more around the £700 mark. That will hopefully be easier for the OP to gather within a month so that the CCJ can be paid and removed.

stevemLS

Yes, mattye - that sounds about right, assuming the claimant does everything that he can do as soon as he is entitled to do it.

Billy_two_speakers

One thing about the new job, it does not look good asking the new boss for time off to go to court IMO