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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I had filed to set aside a claim for dues from my previous

Customer Question

I had filed to set aside a claim for dues from my previous employer and had attached my calculations and statement for doing so but the judge has dismissed my application on the grounds that I hadn't filed my 'defense' and that the evidence wasn't 'cogent' in her opinion although she didn't look at the simple calculation sheet that I had submitted showing a counterclaim due towards me.
This CCJ on my file will affect my credit rating and propel me towards bankruptcy which would ruin my career and life. I need URGENT advice about my options.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

It appears that you were the defendant.

What was the claim for?

What was your defence?

What was your counterclaim?

On what basis was this all rejected by the judge?

How much is the judgement for?
Customer: replied 2 years ago.
Hi Jo,

Thanks for offering your help to me. In order to answer your questions yes I was the defendant.
The claim was apparently for monies due to my previous employer in respect of "loan", " car deposit", "unpaid leave",

how ever I refuted all those claims as it was offset against the three month notice period pay due to me as well as I decided to counter the claim for the car deposit because the car was a benefit to me under the terms of my contract. The total claim was for £11,972.63.

My employer had offered me a contract which had all the elements including the basic rate of pay, the notice period of three months, the car benefit amount etc however there was another email sent to me after about couple of weeks downgrading my contract into a six month contractual position from a permanent sales director position. I was asked to reply to it with my agreement which I decided not to. In the claim filed by the company they have calculated the unpaid leave payment of 3055.38 for 11 days of unpaid leave which amounts to GBP 70,000 per annum Basic rate which clearly shows a reference to the proper contract. Therefore the hose contract terms apply as are mentioned in this contract which therefore includes a three month notice period pay as well which amounts to GBP 17,500. My I'm paid expenses total roughly 3000 GBP. If I can decide to deduct the £5000 loan that was given to me I am still left with a substantial amount of dues towards me. When I work out the total amount that was due to me was about £12,530
Even if I take away the 3004 the car deposit I am still left with more than £9000.
I had presented this in simple single page calculation sheets for the judge to read through but the judge decided she didn't have the time to go through all those papers and asked me why I hadn't filed a defence yet. I am not a legal person hence did not understand what filing a defence meant. I had taken a legal opinion before but I was not asked to file a defence as such. My understanding was that the sheets I had presented with my calculations and the reference to the contract points was to be my defence. The judge has dismissed my application to set aside the judgement and therefore I am left with the CCG in my file which is going to affect me terribly. Can I appeal this, can I put in my counterclaim? I need your help urgent help if possible. If you need a copy of my documents I could attach and send them to you on an email if you prefer.
Thanks very much
Sanjay
Customer: replied 2 years ago.






















































CALCULATION OF BASIC RATE FROM UNPAID LEAVE CLAIM
Basic PA£70,000.00
Total work days252
Unpaid Leave11
Per day rateD7/G8
£277.78
Total due for unpaid leave D15*G113055.555556
REVERSE CALCULATION OF BASIC PAY FROM UNPAID LEAVE CLAIM
Total Claimed for Unpaid Leave£3,055.38
Unpaid Days11
277.7618182
252
Annual Base Rate69995.97818

~ 70000


 


 


Customer: replied 2 years ago.














































DUES FROM HNCL (If Car Deposit Returned)
Monthly Basic Rate at 70,000 GBP pa£5,833.33
3 Month Notice Pay (Including Salary for May)£17,500.00
Expenses (Filed and Unpaid)£1,337.00
Expenses (Estimated Not Filed)£1,568.00
TOTAL£20,405.00
Less Personal Loan£5,000.00
Less Unpaid Leave£3,055.00
NET PAYABLE DUE£12,350.00
IF CAR DEPOSIT RETURNED£3,000.00
ALT PAYABLE DUE£9,350.00
Customer: replied 2 years ago.






































DUES FROM HNCL
Monthly Basic Rate at 70,000 GBP pa£5,833.33
3 Month Notice Pay (Including Salary for May)£17,500.00
Expenses (Filed and Unpaid)£1,337.00
Expenses (Estimated Not Filed)£1,568.00
TOTAL£20,405.00
Less Personal Loan£5,000.00
Less Unpaid Leave£3,055.00
NET PAYABLE DUE£12,350.00
Expert:  Ash replied 2 years ago.
Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

I see the expert has opted out - what else do you want to know?

Customer: replied 2 years ago.

Hi! Alex,


 


I had sent a second set of information/questions to the expert but no answer yet. I am extremely dissatisfied with this and need a solution to my queries.


Are you able to see the additional info I sent to the earlier expert or should I resend it all to you.


 


Look forward to hearing from you soon.


 


Thanks & Regards


Sanjay

Expert:  Ash replied 2 years ago.
Has the hearing to set aside been heard please?

Customer: replied 2 years ago.

Yes, the hearing to set aside was heard on 23rd April and my application was dismissed due to reasons mentioned earlier. I intend to appeal this as well as file a counterclaim and hence my request for advice.


 


Thanks for your help


 

Expert:  Ash replied 2 years ago.
On what basis do you say the Judge got it wrong?

Did you seek permission to appeal at the hearing?

Customer: replied 2 years ago.

Hi Alex,


 


on the 9th April I had submitted an URGENT application in Watford county Court for a copy of the claim form, which I never received, and which was the basis of my appeal against the original judgement, in order to prepare my defense for the hearing of appeal on 23rd April. I was out of country from 16th to 22nd April and I only received the copies on my return as it was sent on 16th and must have reached my mailbox much later. Therefore, ideally I needed more time to prepare and perhaps should have asked for it.


 


However, the basis of my appeal this time is that the judge overlooked key facts in this case while dismissing my application.


 


The judge said she had only 15 minutes and didn't hear the basis of my plea which was :


 


' an employer can not decide to pay me less vide a contract email sent later to the original full contract while at the same time charge me the higher rate for unpaid leave as per the original contract'


 


- Also the amount paid to me as 'Joining fee' is not recoverable as I bought the car myself having used the fee amount towards the deposit of the car.


 


- My expenses were not paid


 


- I was forced to leave on a particular date(my resignation having been drafted and emailed to me for signature by one of the Directors of the company) and no salary for the month of My'13 and notice pay (according to original contract) was paid even though I was without job until 8th July'13


 


- my basis is simple: AN EMPLOYER CAN NOT PAY A LOWER AMOUNT VIDE A CONTRACT CHANGE WHILE DEMANDING MONIES FROM EMPLOYEE AT A HIGHER RATE BY THE ORIGINAL CONTRACT. THAT TO ME IS UNFAIR.


 


- IN SUCH CASE SHOULDN'T THE TERMS OF THE ORIGINAL CONTRACT HOLD i.e FOR THE PURPOSE OF PAY RATE AND NOTICE PAY?


 


Please advise. I shall be ever so grateful.


 


I had mentioned to the Judge at the hearing that I would appeal and put my counterclaim to which she had replied ' you are free to do that'.


 


Please let me know if I need to do anything else.


 


Thanks & Regards


Sanjay Srivastava

Customer: replied 2 years ago.

Hi! Alex,


The claim was apparently for monies due to my previous employer in respect of "loan", " car deposit", "unpaid leave",

how ever I refuted all those claims as it was offset against the three month notice period pay due to me as well as I decided to counter the claim for the joining fee which I used towards car deposit because the car was purchased/leased by me and the company would pay £500 pm as car allowance which was a benefit to me under the terms of my contract. The total claim was for £11,972.63.

My employer had offered me a contract which had all the elements including the basic rate of pay, the notice period of three months, the car benefit amount etc however there was another email sent to me after about couple of weeks downgrading my contract into a six month contractual position from a permanent sales director position. I was asked to reply to it with my agreement which I decided not to. In the claim filed by the company they have calculated the unpaid leave payment of 3055.38 for 11 days of unpaid leave which amounts to GBP 70,000 per annum Basic rate which clearly shows a reference to the proper contract. Therefore those contract terms should apply as are mentioned in this contract which therefore includes a three month notice period pay as well which amounts to GBP 17,500. My expenses total roughly 3000 GBP of which I filed for £1337 and that was unpaid. The balance of about £1568 was not filed by me. If I can decide to deduct the £5000 loan that was given to me I am still left with a substantial amount of dues towards me. When I work out the total amount that was due to me was about £12,530.


 


If only the 2nd contract agreement is considered correct, then too the figures I am supposed to owe to the company are completely wrong. This is an evidence of the malafide intention of the company to stop me from joining another organization even though I was being paid much lower compared to my value in the industry.

I had presented this in simple single page calculation sheets for the judge to read through but the judge decided she didn't have the time to go through all those papers and asked me why I hadn't filed a defence yet. I am not a legal person hence did not understand what filing a defence meant. I had taken a legal opinion before but I was not asked to file a defence as such. My understanding was that the sheets I had presented with my calculations and the reference to the contract points was to be my defence. The judge has dismissed my application to set aside the judgement and therefore I am left with the CCG in my file which is going to affect me terribly. Can I appeal this, can I put in my counterclaim? I need your help urgent help if possible. If you need a copy of my documents I could attach and send them to you on an email if you prefer.

Customer: replied 2 years ago.

Addendum:


 
























































CALCULATION OF BASIC RATE FROM UNPAID LEAVE CLAIM
Basic PA£70,000.00
Total work days252
Unpaid Leave11
Per day rateD7/G8
£277.78
Total due for unpaid leaveD15*G113055.555556
REVERSE CALCULATION OF BASIC PAY FROM UNPAID LEAVE CLAIM
Total Claimed for Unpaid Leave£3,055.38
Unpaid Days11
277.7618182
252
Annual Base Rate69995.97818


~ 70000



 


-------------------------


DUES FROM HNCL (If Joining Fee used towards Car Deposit is proposed to be Returned)


 


Monthly Basic Rate at 70,000 GBP pa ~ £5,833.333 per Month


Notice Pay (Including Salary for May) £17,500.00


Expenses (Filed and Unpaid) £1,337.00


Expenses (Estimated Not Filed) £1,568.00


TOTAL £20,405.00


Less Personal Loan £5,000.00


Less Unpaid Leave £3,055.00


===============================================


NET PAYABLE DUE £12,350.00


===============================================


IF JOINING FEE RETURNED £3,000.00


ALT PAYABLE DUE £9,350.00


 


----------------------------------------


 


 

Expert:  Ash replied 2 years ago.
I assume you now have a copy of the claim form?

Customer: replied 2 years ago.

Yes I do, Do you want me to send you a copy?

Expert:  Ash replied 2 years ago.
No that's ok,

You need to complete form n161

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n161-eng.pdf

You need to seek permission to appeal first.

You can only appeal if

1) There has been an error in law,
2) There has been an error in court procedure, or
3) The decision was one which no reasonable judge ought to have made

The court will consider the appeal on the papers and decide whether to give permission. If this is refused then you can only seek appeal to an oral hearing.

If there is an oral hearing and permission is refused you can only appeal to the court of appeal.

If permission is granted then you will proceed to an appeal hearing itself which is where you show why a judge was wrong.

Can I clarify anything for you about this today please?

Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi! Alex,


 


Thanks for your reply. Could you advise me based on my submission earlier, if I have a chance to get an opportunity to appeal and also to win? Also how do I seek permission to appeal.


 


I have applied to the court for a copy of the judgement as well as transcript. Should I file my appeal after I receive those or before?


 


Thanks for your help.


 


Sanjay


 


 

Expert:  Ash replied 2 years ago.
You need to seek permission to appeal by completing the form I have indicated earlier.

You MUST file your permission to appeal within 21 days.

Then you can file the transcript later.

As for the grounds, if there was no time to consider your case and the Judge had not read the papers, then you may have a case there.

Alex

Customer: replied 2 years ago.

Thanks. Is it 21 days from 23rd April (hearing in court) or from the receipt of the judgement copy.


Can I also seek your advice on the following:


 


since I filed to set aside the hearing on time and had hearing last week… is the 28th Nov judgement kept on hold?


I lost last weeks hearing - To me , 30 days should commence now.
Do I need last hearing order to get clarification. Probably It will be written there - amount to be paid in full within 30 days of making this order, else - petitioner entitlement for enforcement and CCJ to be put in place.


 


Are the following steps Ok for me to go ahead with:



1. Get last order ASAP. Show the order to anyone in the court to know precisely -
A. CCJ in place already or still have 30 days to settle from the time this order is made?
B. Has court already entered my name in Register of judgements and fines (as estate agent credit check showed CCJ)?



C. Get forms to Counter file financial litigation, note the fees involved, do I need to prepare self representation certificate on the new case and get the representation signed by GP, banker, or self can pledge in the court at a fees. Is Pledging self docs in court the best practice.



D. Fill .. Form to appeal last week hearing , court fees involved, whether last hearing will be put on hold and 30 days will commence when I loose again or has it already started?



E. If I file counter, will the court put their case on hold? And upon the outcome of my case only will the court give final ruling and action / payment / CCJ process would commence ?



F. When I am filing counter and reappearing last weeks order, do I have to send docs to the other party or will the court notify them in due course?

Will the Court ask me - why u want to appeal or counter.


 


My Reason - their figures are wrong, they have breached contract and falsely put forward a case to extract money when they decided not to pay my salary being a small enterprise and compelled me to resign with a particular last date thereafter. They are trying to jeopardise my credit rating and it has caused me great deal of distress and I wish to fight back requesting court to grant me time, put their case on hold and give me a fair chance to prove my innocence being the victim in accordance with fair company statuary regulations.



-----------------------------------



Secondly -

Do I need to prepare - exhibits -



1. Copy of old and new email contract highlighting changes within 10 days of starting work.
2. 3k Joining Fee which I used for car deposit.
(highlight 3k point email)


3. 5k confirm to be paid by 31st march 2014. (Show their contract agreement email )
4. Their wrong calculation (malafide in all probability) of unpaid leave on 1st contract when job specs were conducted on 2nd contract. ( show their claims letter)
5. May salary clearly not paid (show bank statement of march april and May). Conveniently, they played with figures and showed overpayment.
6. Double counting NI ( show their claim letter vs my pay slip where tax and Ni deducted ).
7. Copy of claimed expenses not paid
8. Copy of unclaimed expenses not paid
9. Cost incurred so far in legal and court fees.
10. Therefore , my correct worksheet vs their false calculations.

They took my services, didn't pay my salary/ expenses and in return filed a case against me to make more money.

Plea for my counter -
1. Their case to be dismissed outrightly on the basis of falsifying information, incorrect figures and changing vitals of contracts via email without giving me an option to get a legal opinion before accepting to the new job terms.
2. My claim to be adjusted vs their claim. I owe them a small amount and this shall be paid immediately within 7 days from today if petitioner takes his case out and request the court to take my name off CCJ. I am a law abiding citizen and have never been in contempt of court.
3. I further request court to ensure that there exist or will not exist any future claims between the company and me and all financial matters settled.

Plea for my appeal -
1. Counter claim case no ---- has been submitted.
2. False figures of petitioner. Correct ones attached.
3. Please hold any CCJ as outcome awaited on my case.
4. Please do not grant petitioner for enforcement application as I request time to prove my innocence .
5. Appeal as I was away on personal family dilemma abroad before last hearing. Itinerary and boarding pass attached.
6. Appeal as I didn't get appropriate paperwork from court / petitioner timely and when I did get .. I didn't had substantial time to prepare or take legal help.

Expert:  Ash replied 2 years ago.
21 days from the hearing.

The old Judgment stands UNTIL it is appealed or stayed in the appeal action. If the old order was for money you have to pay within 1 month to get the CCJ cancelled.

Could you please ask one section of questions at a time as I do not understand what you are asking.

Customer: replied 2 years ago.

Thanks and sorry if I appear trifle incoherent due to my anxiousness. I'll now ask my questions one bit at a time


 


The old order was for money which came in on 28/11/13 which I appealed and it was heard on 23/04/14 when my application to set aside was dismissed. Do I get fresh 30 days to pay as indicated by you to get the CCJ cancelled and lose all traces of it?


 


- Also if I'm allowed to appeal against the judgement of 23/04 would the 30 days be put on hold?

Expert:  Ash replied 2 years ago.
No - its not a new 30 days, it goes from date or ORIGINAL judgment.

No, the 30 days is NOT put on hold, it is the risk you run.

Customer: replied 2 years ago.

So do I have any chance of saving this CCJ?


 


- If the court allows my appeal and if I win the appeal, would the CCJ be


set aside then and remove any trace of it?


 


- The company's finance person has written to me on 23/04, after judgement to pay within 30 days to cancel any trace of CCJ. Is this true? If I pay the company the dues they have asked for within 30 days from 23rd, will it really remove the CCJ and leave no trace as indicated by the claimants' finance person?


 


 

Expert:  Ash replied 2 years ago.
Correct. If it is refused then it is still outstanding.

If you pay within 30 days or the original hearing then the CCJ is CANCELLED.

Alex

Customer: replied 2 years ago.

Thanks.


 


When should I file the counterclaim?


What forms do I need to fill to do so?


 


Will the following be Ok along with relevant exhibits?


 


Plea for my counter -
1. Their case to be dismissed outrightly on the basis of falsifying information, incorrect figures and changing vitals of contracts via email without giving me an option to get a legal opinion before accepting to the new job terms.
2. My claim to be adjusted vs their claim. I owe them a small amount and this shall be paid immediately within 7 days from today if petitioner takes his case out and request the court to take my name off CCJ. I am a law abiding citizen and have never been in contempt of court.

Expert:  Ash replied 2 years ago.
You can't file a counter claim as there is an order.

All you can do is appeal. You can't counter claim at this stage without winning the appeal.

Alex

Customer: replied 2 years ago.
You earlier mentioned that the CCJ can only be removed if I win my appeal.

How ever I am reproducing an email from the claimants finance officer informing me otherwise and asking me to pay in full within 30 days in order to lift the CCJ and remove any traces of it.

Could you please advise if this is true or perhaps just a ruse to prevent me from filing my appeal and a counterclaim as I'm sure they're aware that they have got their calculations wrong. Please advise. Thanks

---------------------

Mr Srivastava
Further to the judge's decision today the debt is due to be repaid to Health Net Connections Limited. We will now proceed with Enforcement Action to ensure that the debt is recovered in full together with costs and interest.

Should the debt be settled within one month, you will have the opportunity to remove the CCJ from the Register with immediate effect. This enables you to clear any record of the CCJ from your credit rating.

If the debt is not fully settled within one month, the CCJ will remain on the Register for the full six years, affecting your credit rating for longer term.

Should you wish to make full repayment within one month, to protect your credit rating, please send payment in full to:

Health Net Connections Limited

Nova Scotia House





(please note our new address for the purpose of sending any payment).

If you have any questions regarding this please email me directly.

Regards

Amanda Hart

For and on behalf of Health Net Connections Limited


--------------------------------
Expert:  Ash replied 2 years ago.
Ok. It looks like they will consent to the removal that is good.

But the normal rule is 30 days from time of original judgment.

Alex

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