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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44957
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi, I worked for a massage salon in 2011, I have returned

Customer Question

Hi,
I worked for a massage salon in 2011, I have returned from Christmas holidays to find I have been issued county court papers that lists both the salon and my name, I am unsure how to move forward. It says the person expects excess of 1,000 GBP. I wanted to know if this is for the salon insurance company to pay or am I expected to? The paperwork had no cover letter and as I was employed by the salon would be covered under their insurance. I am in the process of moving home and mortgage, I can not afford a CCJ on my file, looking online the only information that seams relevant is if I pay the 1,000.00 within a month I would not get a CCJ, I wondered if I pay does it make this all go away ?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

Ben Jones :

What is the claim for?

JACUSTOMER-nuykbyi5- :

a small hot stone burn

JACUSTOMER-nuykbyi5- :

.

Ben Jones :

If the salon has specific insurance to cover this then it should go through that. However, that depends entirely on the terms of the policy that is in place and what it covers. It may also be relevant whether you are an employee or self employed, if the latter then often you may be expected to have your own insurance in place.

In terms of having a CCJ, then that only happens if this goes to court, you are found guilty and ordered to pay compensation but then fail to do so within the specified time. So first of all they have to win the claim, then you have to fail to pay. As such there is the opportunity to either defend the claim first or pay the compensation and you will avoid having a CCJ registered against your name.

JACUSTOMER-nuykbyi5- :

So the papers I have now are the pre trial if it goes to court and they win do I get a new letter in my name saying if I need to pay.

Ben Jones :

What do the papers actually say, what have you been sent?

JACUSTOMER-nuykbyi5- :

to be honest it freaked me out, I haven't got the papers on me they were green with a 30th December stamped on the front, I looked through and that's when I saw the amounts and the advise to respond, it did say I can defend so I guess its the pre court,

Ben Jones :

yes it would be, especially if this is the first you have heard about it. All that is likely to have happened is the person has made a claim in court and they have now sent you the claim form and the next step is for you to provide a response to defend this. This would be done together with the employer as they are also a respondent. As mentioned you can go on to defend this, although you are also free to negotiate a settlement if you want to have the claim withdrawn

JACUSTOMER-nuykbyi5- :

I'm not in any contact with the salon and they wont take my calls, if it came to it can I negotiate a settlement without them

Ben Jones :

you can do, for example you can negotiate payment for your part and they can remove you as respondent, leaving the salon as the only respondent

JACUSTOMER-nuykbyi5- :

I think that maybe my best option, the amount listed say excess of 1,000 so I would in theory be okay to offer a tad over the 500 to remove myself at this stage without fear of it coming back again (sorry to sound silly but I've never been in trouble with anyone in my life)

Ben Jones :

you may approach the claimant about this (mark any correspondence as 'without prejudice' so that it is kept off the record), but in the meantime ensure that you comply with any deadlines as these negotiations go on in the background and are separate to the actual legal process which you must still follow

JACUSTOMER-nuykbyi5- :

So I could write to the claimant personally offering the settlement

Ben Jones :

yes you may do but make it clear that you are only negotiating with them in relation to your part of the claim

Ben Jones :

I am due in a meeting shortly, is there anything else you would like me to clarify about this before I go?

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

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