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james bruce
james bruce, Solicitor-Advocate
Category: Immigration Law
Satisfied Customers: 4455
Experience:  Owner at James Bruce Solicitors
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My friend was fired from his job for misconduct and the

Customer Question

Hi. My friend was fired from his job for misconduct and the company is claiming about £900 back as he was overpaid. He feels he shouldn’t pay. The company just send him a letter before taking him to court. He wants to apply for a British passport at the end of the year. Would that affect the application? Also I herd if you are taken to court and you lose it stays on your record for 6 years and was wondering if that time he would like to move to a country that requires a visa? Would the court proceedings affect that process? Thank you
Submitted: 9 days ago.
Category: Immigration Law
Expert:  james bruce replied 9 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.
What you have explained is a civil dispute between an employer and formal employee. If the employee has been overpaid, the formal emplyer is allowed to claim this money back. The fact that the employee was dismissed does not change that fact, if an overpayment has been made, the employee must repay. If he refuses to do so, then yes the employer will take the matter to court. If you loose the case then this does stay on the persons credit file as a CCJ county court judgement for six years.
It is not a crimping offence and does not have to be disclosed on any passport application.

I Hope this helps.

Expert:  james bruce replied 9 days ago.

Hello, I am just following up on your enquiry to see if I can assist further. Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

Expert:  james bruce replied 9 days ago.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

Customer: replied 9 days ago.
Thank you for your reply. In your opinion if the matter is taken to court my friend will lose and will still have to pay the money back?
Customer: replied 9 days ago.
I understand that in the passport matter this issue doesn’t need to be disclaimed, but would he want to apply for a visa in a different country, would that change?
Expert:  james bruce replied 8 days ago.

A visa matter should not be affected in any country, in the U.K. it is not a criminal law matter it is only a civil matter and therefore does not need to be disclosed at all.

Customer: replied 8 days ago.
Thank you very much.
Customer: replied 8 days ago.
Could I have your opinion on any possibility of winning in court?
Expert:  james bruce replied 8 days ago.

I cannot answer that it would be speculation only. But as already explained if an overpayment has been made then they can legally claim it back. If the refuses to return the overpayment , then yes very likely he will loose in court.

Customer: replied 8 days ago.
Thank you very much
Expert:  james bruce replied 8 days ago.

Your very welcome.

Customer: replied 8 days ago.
Hi James... can I ask you another question?
Customer: replied 8 days ago.
If I have a British passport and I move to a different country and I have a baby there like in the first year... would the baby have English citizenship? Or does the baby need to be born in the UK for that? Thank you
Customer: replied 1 day ago.
Hi James… where and how do I pay to get the answer my question? Thank you
Expert:  james bruce replied 1 day ago.

Very sorry, that is a new unrelated question and would therefore need to be asked as a new question so that an expert in that area can answer you.

Customer: replied 1 day ago.
Thank you, ***** ***** since you are an immigration solicitor it would be your area of expertise
Expert:  james bruce replied 1 day ago.

Your original question was nor an immigration law question but an employment law question relation to overpayment.

This is a new question about birth rights of children and therefore must be asked as a new question. Sorry.

Customer: replied 1 day ago.
Actually it was related to a passport application it the overpayment got to court… thank you… I will post the questions as new…
Expert:  james bruce replied 1 day ago.

Post as a new question so that it may be considered and answered, good luck.