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  • FIRST POST
    Karin-F
    Unpaid wages - Won CCJ against co - They now want Set-aside
    • #1
    • 25th Oct 12, 2:28 PM
    Unpaid wages - Won CCJ against co - They now want Set-aside 25th Oct 12 at 2:28 PM
    Hi all, I worked for a company in feb / march 2012 & they never paid my wages (paid a quarter of it said they were unable to pay all) - I sent the part payment back & after much arguing, went to County Court & won a CCJ.

    The Company has been aware of this all the way through the process, BUT just as I instruct debt recovery (Sept 2012) - They sent in an "Application to set aside" stating they never recieved all the documents from the court in the last 6 months due to a business forwarding company not forwarding their mail...

    I have emails from the company Director & so does the court through this time proving they knew of the case, I infact asked them to pay numerous times, to stop the court case (& save me money).
    However the court has now stopped recovery & is having a "Hearing in Dec...
    What do I do?
    all I want is my earned salary - I havent even asked for my expenses etc.. JUST my salary - How can company's get away with this?

    Any advice would be extremely welcome.
    K
Page 1
  • miduck
    • #2
    • 25th Oct 12, 3:08 PM
    • #2
    • 25th Oct 12, 3:08 PM
    Attend the hearing with copies of all your evidence. I doubt they will get anywhere, but you do have to go through with the process.
  • Wywth
    • #3
    • 25th Oct 12, 3:27 PM
    • #3
    • 25th Oct 12, 3:27 PM
    Hi all, I worked for a company in feb / march 2012 & they never paid my wages (paid a quarter of it said they were unable to pay all) - I sent the part payment back & after much arguing, went to County Court & won a CCJ.

    The Company has been aware of this all the way through the process, BUT just as I instruct debt recovery (Sept 2012) - They sent in an "Application to set aside" stating they never recieved all the documents from the court in the last 6 months due to a business forwarding company not forwarding their mail...

    I have emails from the company Director & so does the court through this time proving they knew of the case, I infact asked them to pay numerous times, to stop the court case (& save me money).
    However the court has now stopped recovery & is having a "Hearing in Dec...
    What do I do?
    all I want is my earned salary - I havent even asked for my expenses etc.. JUST my salary - How can company's get away with this?

    Any advice would be extremely welcome.
    K
    Originally posted by Karin-F
    Why did you send some of your wages payment back?

    You should have just pursued the company for the difference. By not doing so, you have not mitigated your loss.

    Fortunately you say you are not asking for expenses, so as miduck says, go to the hearing where you will probably get awarded with the salary you are entitled to.
  • Karin-F
    • #4
    • 25th Oct 12, 5:28 PM
    • #4
    • 25th Oct 12, 5:28 PM
    Hi all, thank you, I am attending definitely, with all the evidence.
    Also just on why I sent the part payment back - the company sent a email stating if I accepted it that would end their liability.
    I knew I was entitled to the wages for the hours/days I had actually worked.
    For me, it just made it simpler to pursue the full amount & return the part payment stating I was not accepting it.
    Thanks again
    K
    • hcb42
    • By hcb42 25th Oct 12, 11:02 PM
    • 5,818 Posts
    • 3,538 Thanks
    hcb42
    • #5
    • 25th Oct 12, 11:02 PM
    • #5
    • 25th Oct 12, 11:02 PM
    If they didnt have the money to pay in full then, I am not sure pursuing now will make a difference. I too woould have took the part payment (assuming you took some advice at the time..?

    When i was made redundant as company went into administration, I got a minimal amount, put claim in to the administrators for notice and loss of earnings, and eventually got the miniscule pay out that the administrators offer.
  • Karin-F
    • #6
    • 26th Oct 12, 10:41 AM
    • #6
    • 26th Oct 12, 10:41 AM
    If they didnt have the money to pay in full then, I am not sure pursuing now will make a difference. I too woould have took the part payment (assuming you took some advice at the time..?

    When i was made redundant as company went into administration, I got a minimal amount, put claim in to the administrators for notice and loss of earnings, and eventually got the miniscule pay out that the administrators offer.
    Originally posted by hcb42
    Hi,
    Its not that they dont have the money - They are still very much trading & getting busier all the time - They just dont like paying - I am one in a long line of staff this has happened to, but only 2 of us have pursued the money through court - because others have chosen not to, the company seems to assume its ok to do this.
    They are like it with suppliers also - owning thousands - its been a real eye-opener.
    • Caroline_a
    • By Caroline_a 26th Oct 12, 10:52 AM
    • 3,901 Posts
    • 10,750 Thanks
    Caroline_a
    • #7
    • 26th Oct 12, 10:52 AM
    • #7
    • 26th Oct 12, 10:52 AM
    Why didn't you go to an industrial tribunal?
  • miduck
    • #8
    • 26th Oct 12, 11:47 AM
    • #8
    • 26th Oct 12, 11:47 AM
    Why didn't you go to an industrial tribunal?
    Originally posted by Caroline_a
    For simple cases like this, small claims is much faster/ simpler.
  • OhReally
    • #9
    • 26th Oct 12, 1:51 PM
    • #9
    • 26th Oct 12, 1:51 PM
    Anyone else getting the feeling there is a lot more to this than the OP is letting on?
  • CAB National Representative
    Hi all, I worked for a company in feb / march 2012 & they never paid my wages (paid a quarter of it said they were unable to pay all) - I sent the part payment back & after much arguing, went to County Court & won a CCJ.

    The Company has been aware of this all the way through the process, BUT just as I instruct debt recovery (Sept 2012) - They sent in an "Application to set aside" stating they never recieved all the documents from the court in the last 6 months due to a business forwarding company not forwarding their mail...

    I have emails from the company Director & so does the court through this time proving they knew of the case, I infact asked them to pay numerous times, to stop the court case (& save me money).
    However the court has now stopped recovery & is having a "Hearing in Dec...
    What do I do?
    all I want is my earned salary - I havent even asked for my expenses etc.. JUST my salary - How can company's get away with this?

    Any advice would be extremely welcome.
    K
    Originally posted by Karin-F
    Hi Karin - we'd urge you to contact your local bureau for help and support on this. We have a leaflet on "Employer withholds pay" but, as you've already won a CCJ, it is probably best to get detailed advice.
    Last edited by CAB National Representative; 26-10-2012 at 3:03 PM. Reason: Link error
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • Karin-F
    Hi, Thanks all, I posted on here in a bit of a rush as I was rather surprised that an appeal to set aside had been lodged so far after the fact, However after a couple of days & a few calls to the court I am much calmer.
    Thank you to everyone who has offered advice.
    For Caroline above, Tribunals are long winded & the small claims route actually gets in front of a judge quite quickly. This got the CCJ in my favour for the salary quite simply & without fuss. which is all I want - payment for work done.
    Before the CCJ was issued, the plaintiff had plenty of time to state a case & indeed attend, but I have now contacted the courts & it seems 5 or so letters over the course of the 5 months from the court to the plaintiff went awry so in law they get another chance to state why they feel they don't have to pay wages to an employee.
    I am happy to go to court again, with my evidence & re-state my case - it will be hard to see how one judge will see the evidence in a different light to another...

    Re; CAB national Rep advice, Thank you - I have been offered representation, But I am confident that the law as it is will be on my side, I am jst asking for payment of wages - npt expenses or anything else, Just my salary for work done.
    Thanks again everyone
    X
  • Karin-F
    Anyone else getting the feeling there is a lot more to this than the OP is letting on?
    Originally posted by OhReally
    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
    • Oldfatgrumpy
    • By Oldfatgrumpy 26th Oct 12, 5:52 PM
    • 191 Posts
    • 150 Thanks
    Oldfatgrumpy
    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.
  • Karin-F
    Lost post
    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.
    Originally posted by Oldfatgrumpy
    HI -
    Thats what someone at the CAB said too
  • real1314
    Anyone else getting the feeling there is a lot more to this than the OP is letting on?
    Originally posted by OhReally
    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?
  • ILW
    Were you actually employed (PAYE) etc.
  • Wywth
    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?
    Originally posted by real1314
    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
    • By princeofpounds 29th Oct 12, 6:19 PM
    • 7,806 Posts
    • 10,330 Thanks
    princeofpounds
    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.
  • Karin-F
    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.
    Originally posted by Wywth

    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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