Thomas Higgins Ltd

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Can someone please help or advise me as I'm not sure what to do. I was overpaid by £28.88 when I left a job in December. Stupidly I ignored a request to re pay it. On the 2nd May I received a letter from Thomas Higgins Ltd requesting full payment. On the 10th May I repaid into the previous employers account £28.00 thinking it would not matter about the 88pence. Today I receive a letter from Thomas Higgins Ltd saying they have instructed a bailiff to levy execution and I now need to pay £75.00 costs plus the 88 pence immediately to my previous employer. Can they do this, what do I need to do? TIA
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  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
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    Contact them and see what the least you can pay is to get this cleared. Be prepared for the fact that is may be £75.88.

    Next time though, pay what is owed, not your own view on what is appropriate.
  • bengal-stripe
    bengal-stripe Posts: 3,349 Forumite
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    sjbm45 wrote: »
    ....I ignored a request to re pay it.....I repaid into the previous employers account £28.00 thinking it would not matter about the 88pence.

    Well, that wasn't very clever, first ignoring the debt and then deliberately under-paying.

    It is somewhat surprising your ex-employer used the services of a debt recovering agency, but they did and you are liable for the cost. At present, the thing with the bailiffs is bluff. Pay the 88 pence and claim it was an error. But if you get invoiced by Thomas Higgins for their services, you'd better pay it. They won't have any hesitation of taking you to court and, having gained a judgement, to call-in the bailiffs.

    Let's hope, you will never need a reference from your ex-employer.
  • sourcrates
    sourcrates Posts: 28,919 Ambassador
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    A creditor cant employ a bailiff unless the debt has been the subject of court action, a CCJ has been issued against you, and you have still failed to pay.

    The amount you owe is under the threshold for court action to be possible.

    Please educate yourself on these matters.

    I assume none of the above has happened, if thats correct, pay the 88p, and think yourself lucky.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • sjbm45
    sjbm45 Posts: 9 Forumite
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    I am aware I have been an utter !!!! in this matter, thank you for your advice.
  • sourcrates
    sourcrates Posts: 28,919 Ambassador
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    sjbm45 wrote: »
    I am aware I have been an utter !!!! in this matter, thank you for your advice.

    Are you in Scotland ?

    Does the letter actually say "bailiff" ?

    If it does, that is misrepresentation, and they cannot charge you a £75.00 compliance fee.

    Only a court appointed bailiff can be instructed to collect debts, and only after a county court judgement has been issued against you, and only after you have failed to pay, and they must call at your property in order to charge the said fee.

    Something about this does not quite add up.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • sjbm45
    sjbm45 Posts: 9 Forumite
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    I received a letter dated 2nd May asking for £28.88 within 7 days from Thomas Higgins on behalf of their client. On the 10th May I paid into my previous employers bank account £28.00. Today I received 2 letters both saying the same thing that I had not complied and that the court feewas £25, costs were £50 and the outstanding debt was 88 pence and that if I don't pay my previous employer £75.88 then Thomas Higgins will enter a judgement against me to instruct a bailiff. I am in England.

    I know I should have paid but not sure if I have to pay the £75.88.

    Many thanks
  • System
    System Posts: 178,097 Community Admin
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    They're perfectly entitled to ask for fees, reasonable costs and interest and if it goes to court and they win they'll be awarded costs.
  • SnowTiger
    SnowTiger Posts: 4,461 Forumite
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    It's not clear whether this has gone to court and a CCJ has been issued or not.

    I suspect not. The letter the OP received on 2nd May is a Letter Before Action. Not enough time has pass for a CCJ to be granted, even if the OP didn't offer a defence.

    If I were the OP I would pay the 88p. That should be the end of the matter.
  • Ben8282
    Ben8282 Posts: 4,821 Forumite
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    edited 13 May 2017 at 2:17AM
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    This is another post of the type which almost defies belief.
    Unless your former employer is trying to allege that you are somehow responsible for them making this overpayment, by fraud or otherwise, then the overpayment was due to their error.
    Considering both the relatively low amount and the fact that it was their error, most employers would simply ignore it rather than openly admitting that their payroll department had made the error and incurring additional costs in attempting to recover the overpayment.
    Their initial action in writing to you asking for you to repay the £28.88 is I suppose reasonable, although mean spirited, but their subsequent actions are not.
    I am actually surprised that this firm of debt collectors would have even accepted your employer as a client to recover a £28.88 debt. Sounds loss making to me. How much are they charging your employer for this service? Even if they were getting 100% of the debt doubt that they would agree.
    This is not debt incurred as a result of your defaulting a consumer credit agreement. It is a civil matter between you and your former employer. They need to contact their solicitors to arrange for legal action to be taken against you, not a debt collection agency. Of course as the cost of the solicitors time would far exceed the amount of the alleged debt, they wouldn't bother (assuming that your former employers are of sound mind). Or else they could take you to the small claims court themselves, but again the cost of staff time plus the effort involved would not be worth it.
    As for bailiffs, nobody can instruct baliffs without a court order.so that is a very empty threat. They can do nothing to your credit report (unless a ccj is actually obtained which I am 99.99% sure never will be) as this is debt is not in respect of a consumer credit account.
    Not sure why you only repaid the £28 and not the 88p, this seems a bit silly of you.
    In the very unlikely event that your employer should proceed with legal action to recover the 88p, do they actually have evidence to produce to the court that this was actually an error on their part? Remember your employer will have to send a senior member of the payroll department staff to the court to stand up in open court and admit their error and produce acceptable evidence of the error. They will have to instruct legal representation, maybe even a barrister, to represent them unless they are a 'do it yourself' type of employer and the MD goes along himself. to represent the company.
    If they produce the evidence and you don't defend yourself. then maybe, when he has finished laughing his head off, the judge may give them the ccj for 88p which you could promptly throw across the courtroom at them in 1p pieces! It is highly unlikely that they would be given an award for costs in such circumstances.
    PS. Before paying anything, you will need a new payslip from your employer as you will have paid NI and tax on this overpayment which will have to be adjusted. Work out the amount, deduct the 88p from it, and counter sue them for the difference.
  • SnowTiger
    SnowTiger Posts: 4,461 Forumite
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    Ben8282 wrote: »
    I am actually surprised that this firm of debt collectors would have even accepted your employer as a client to recover a £28.88 debt.

    http://www.thomashiggins.com

    It appears they charge a flat-rate fee of £3+VAT to send out a pay up or else letter.

    I'd guess it's an automated process using template letters.

    Even that seems excessive for £28.88, let alone 88p.
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