Overpayment in salary

antonic

As you have received the N1 Claim Form then you MUST defend it within the timescale given on the form - failure to do so CAN lead to a CCJ being granted against you by default.

Your defence against the claim can be that you are waiting for further info from your previous employer re the tax implications.

David_Brent

antonic wrote: »

As you have received the N1 Claim Form then you MUST defend it within the timescale given on the form - failure to do so CAN lead to a CCJ being granted against you by default.

Your defence against the claim can be that you are waiting for further info from your previous employer re the tax implications.

So there are x2 parts of the claim:

1) for a season ticket loan for £800
2) for the overpayment in salary for £300

I agree I owe the £800 and I am happy to pay this in instalments to them or in full by Feb 15.

The part of the claim for which I dispute is the £300 as they have not told me if tax was taken and if this will have knock on effect for me tax wise? If so is it up to them to sort out?

Or do you think it is wise I just admit the claim and make an offer of paying the claim in full plus the court costs by Feb 15?

I cannot pay the full amount until Feb 15 and need to avoid a CCJ being issued is there anyway I can avoid it.... I'm not sure If I have a way out of receiving a CCJ in this case?

ThinkCentre

I'd suspect that your only option for avoiding a CCJ would be to pay the full amount straight away.

If you offer to pay instalments, they'll probably enter judgment by admission to secure their position. The court will send a judgment ordering you to pay a set amount per month until the full amount, including costs and interest, is paid.

If you don't respond at all they'll obtain a judgment by default and probably look to enforce.

If you can't afford to pay it all now and aren't able to borrow the money or put it on a credit card, it may be worth ringing the solicitors and asking whether they'd be willing to hold off on entering judgment to allow you time to pay. Make sure you get confirmation in writing that they won't take further action whilst you make payments. It would be completely at their discretion though and suspect they will want the judgment in place.

Also, if you file the acknowledgement of service at court whilst you're negotiating it'll buy you another 14 days (28 from date of service in total) before they can take any further action. You could also use this time to obtain the evidence of the overpayment from your former employer .