Employer threatening me with a CCJ

Robstar123

Hi all, I am wondering if you can help. I joined a company in sales in 2017 and the salary was not very competitive and as a result the employer offered me a top up on my salary for 4 months until I increased my pipeline... the clause for this top up stated that I would have to pay it all back if I left within 12 months of receiving the last payment. Throughout my time at this company I struggled with a particular employee and in fact my boss and this particular employees relationship made the office uncomfortable. The atmosphere was always very unpleasant and I was constantly on edge as to whether they would argue. Quite often I was dragged into these arguments and it made me uncomfortable. In addition to all of this the employee frequently made indirect comments which affected my self esteem and confidence with customers. I approached my boss about this employee a number of times and I just kept being told to write it down. In monthly meetings I would often become emotional and explain that I dread coming into work because of this employee. Nothing was done. There was one point where this colleague caused so much upset for another employee and as a result a written warning was issued and would be kept on file for 12 months, despite my boss witnessing the derogatory comments towards me in front of other staff it was not addressed, i dare and say it, I felt bullied. In March this year I went to see a doctor as I Constantly felt sick and worried, I wasn’t sleeping, and it really affected my relationship with relatives and my partner at home. My doctor came to the conclusion that I was suffering with anxiety and immediately issued me a certificate to state after the assessment I was not fit to work and told me to avoid the work place and my colleagues in that time to see if my mentality improved. After thinking about it Logically I decided to hand in my notice along with the certificate from my doctor. That was back on the 30th March 2018 and I received a letter dated 11th July stating the company have over paid me by £3375 and demanded i pay this in full within 7 days. The letter sounded as though a child had written it and it was not signed by a manager or a director and I am assuming it’s the initial top up they are requesting.

I am aware that I breached the initial agreement of the top up to my salary as the last day I received it was June 2017 and I left on the 30th March 2018, however, I resigned on medical conditions due to the environment in the office being too much to cope after 13 months. I approached my boss a number of times for support and did not get it and as a result I felt this was my only option. I still have my doctors certificate but is there point in me contesting it? I think it’s completely unethical and I am sure that had my concerns been addressed I would have still been there and the fact they are demanding it in 7 days or a ccj will be registered is very upsetting. I’m 25 and trying really hard to get on the property ladder so a ccj and almost 3.5k additional debt to credit cards etc, I feel completely stuck :-(

G_M

Robstar123 wrote: »

..... they are demanding it in 7 days or a ccj will be registered is very upsetting. (

That is not how CCJ's work.

For a CCJ to be registered against you:

* you must be taken to court, so the 7 day deadline will not result in a CCJ; AND

* you must lose in court. So the employer must prove to the court that you owe this money. You will be able to defend the claim eg presenting your medical and other evidence. AND
* having lost, and been told by the court that you must pay the money (either all at once or in installments - you can request this), you still refuse to pay.

Only after all the above have happened will a CCJ be recorded on your credit file.

G_M

Having pointed out the above, my advice is to get in touch with your ex-employer before the 7 days is up

* Is this an estate agency? Is it a small local one or a National chain?

* who/where did the letter come from? The Branch manger where you worked? Human resources or management at a head office?

Depending on which, you could consider going in to speak to them, or more likely, write back to them, explaining the circumstances under which you left. It may be that Head Office has no idea of the history of your experience in the local branch, and simply saw the contract you signed, the date of your extra payment and the the date you left.

Note:
If you write, do not write in the style of your post above. Make it much easier to read by breaking it up into short paragraphs and use bullet points perhaps by date eg


* 1/1/17: signed contract
* 10/1/17: verbally bullied by xxx. reported to manager (yyy)
* 22/1/17: monthy review: reported my concerns about office bullying

etc etc

boo_star

G_M wrote: »

* having lost, and been told by the court that you must pay the money (either all at once or in installments - you can request this), you still refuse to pay.

This isn't quite correct. You can only avoid a CCJ by paying in full within 30 days. Paying in installments, even if the other party agrees, will result in a CCJ being issued.

Robstar123

Thank you for the advice.

Yes it is and Estate Agency and the company is a Nationwide company and the letter came from payroll at head office and they are based quite far away from me.

I will contact them today, I wasn’t sure if it was worth me contesting but I don’t imagine head office are aware of the extent to why I left

G_M

boo_star wrote: »

This isn't quite correct. You can only avoid a CCJ by paying in full within 30 days. Paying in installments, even if the other party agrees, will result in a CCJ being issued.

Thanks for the correction. I've no reason to doubt you're right.

G_M

Robstar123 wrote: »

Thank you for the advice.

Yes it is and Estate Agency and the company is a Nationwide company and the letter came from payroll at head office and they are based quite far away from me.

I will contact them today, I wasn’t sure if it was worth me contesting but I don’t imagine head office are aware of the extent to why I left

Well it may be too late now, but I imagine a national company would have a formal complaints process, which you could have used, and may still be able to use.


If Head Office/payroll/HR appreciated the full background, and were forced to review matters via a formal complaint, the claim for £ might just go away......