AOE £816 taken from my monthly salary URGENT

I have just had £816 from my monthly salary in one go and this is a monthly deduction, i know what this is for it is for a previous post of mine from an ex-friend who says i owe him money which i do not. I have received no correspondence for this, and HR did contact me some weeks ago to say that they had received a request, i did say this was untrue and i would try and contact him which i could not. Now i have had this amount deducted and it has really put me in financial hardship, my employer did not come to me and ask for an income / outcome expenditure surely, they should do this? Now i am being told by the courts that i should file an N244 which will cost me a further £270 which i do not have especially after having £816deducted from my salary. With this i will need to leave my job which i do not want to as i love the job and they help me with time to collect my son so i don't have to pay extra childcare. I honestly want to cry as this has really put me in a terrible position.

[[sic]
and HR did contact me some weeks ago to say that they had received a request.
from...who.?
LIABILITY, and where it rests...is the answer.

If I remember correctly, Simon Spaniard produced an excellent vid re; this very subject. in fact, you should find it on-site...somewhere.
regards
pitano1

pitano1 wrote:[[sic]
and HR did contact me some weeks ago to say that they had received a request.
from...who.?
LIABILITY, and where it rests...is the answer.

If I remember correctly, Simon Spaniard produced an excellent vid re; this very subject. in fact, you should find it on-site...somewhere.
regards
pitano1

Thats just it nothing, I'm having to do all the leg work, and all they said is they have to adhere to the request, or they can be fined, this month I'm in mess now as i cannot manage £800 down in a month as most cant. I m about to break down as i just don't know what to do,

You have to...put your grievance in writing, using their
own magic words=legal.
against them.
you will find some in the vid...mentioned.
Your salvation rests on knowing what, and who you really are....If you are ignorant of this, and how we are
considered...OF A BOVINE NATURE...Where do you think the term...B.S CAME FROM.?

We can help you for a day...what about the rest of your
life.?
regards.
pitano1

Does anyone know where this video is please or can help? I’m absolutely beside myself.

Ok a bit of background an ex-friend of mine did give me some money in bits and bats over the years when we had some issues, i thought he was a good friend and he was helping out, now he has said it was a loan and he wants it all back. This was never said ever at all, and the reason as to why we have not received any paperwork is because our address is complicated, as on many websites it shows up as 5-7 as it was all one business, and then 7 is now a separate property that they rented out. Numerous times number 5 gets out mail or we get nothing at all.

I can not seem to find any video from Simon Spaniard regarding this issue, please can anyone point in the right direction, and can i three letters process for this seeing as though he is not a business as such.

Not sure i comprehend what is going on here.
On various occasions a friend lent/gave you some money ,correct ?
Now friend wants it repaid ,?
Who has taken it upon themselves to deduct this amount from your salary ?
Is there a written agreement or anything to indicate a verbal agreement?
What proof of claim exists to give anyone the right to deduct this money ?

A Notice of Conditional Acceptance would be my approach.

daveiron wrote:Not sure i comprehend what is going on here.
On various occasions a friend lent/gave you some money ,correct ?
Now friend wants it repaid ,?
Who has taken it upon themselves to deduct this amount from your salary ?
Is there a written agreement or anything to indicate a verbal agreement?
What proof of claim exists to give anyone the right to deduct this money ?

A Notice of Conditional Acceptance would be my approach.]

Three years ago, what i thought was a good friend (served in the army with me and we worked at the same company after)
helped me out when i hit hard times financially, over a period of a year he did help me out by giving some money in dribs and drabs. Now over that time i knew i couldn't give him anything in return and i felt bad, but i had shares in the company that we both worked for as we put in money every month (times were ok then as we had just started, and you had to commit to 3 or 5 years) so i messaged him and said look i feel bad that you have helped me a lot, take my share money when it matures it was about £5k at the time, and he said in the message don't be stupid im not taking your share money, i insisted several times and he said no. Anyway, i left that job and went to a new job but we still spoke intermittently as he had moved, we had a couple of conversations afterwards where he then said he wanted the money back that he gave, i said i didn't have it as i was living month to month on my salary. He kept on at this and i said wait i had offered you my sharesave why didn't you take that when i offered, which he never really responded to. Anyway, there was nothing said for some time, and we drifted apart, fast forward to now and my employer have said they received an AOE and have deducted £816 from my monthly salary and will continue to do so until instructed, i have checked and i have a CCJ of £11k from him (which he never gave that amount at all) im annoyed as i did offer him the shares as i knew that was realistically the only way i could give back as he had helped me, but he refused that and did so in a message. I honestly do not know where to turn on this, but what i do know is this is putting me into serious financial difficulties. He even issued a CCJ against my wife who had nothing to do with any of this and has received no money, I have also found that he has done this with other people, he has given money to single women friends of his and then taken them to court and issued CCJs, he even put in a message that he didn't care that she has no means of income and that she had children. This is a side i never knew that he had.

daveiron wrote:Not sure i comprehend what is going on here.
On various occasions a friend lent/gave you some money ,correct ?
Now friend wants it repaid ,?
Who has taken it upon themselves to deduct this amount from your salary ?
Is there a written agreement or anything to indicate a verbal agreement?
What proof of claim exists to give anyone the right to deduct this money ?

A Notice of Conditional Acceptance would be my approach.

So, i would

1) Submit the N244 and request the judgement to be set aside. 2) Serve the claimant (former friend) with a Notice of Conditional Acceptance? I am unsure how i would tailor the CA with him bringing the claim and not a business, can this be done?

This is what i would do ,others may have different opinions.
1. Submit the N244
2. Frame the NoCA along the lines of requiring proof of claim,
Production of any agreement & the terms and conditions of such.
Dates when any alleged payments were made to you, and amounts given.
How the alleged figure was arrived at.

There will be many more i expect you can think of.
Make sure you notice him that all answers are required under his personal
liability and under penalty of purjury

Dont forget all via Royal Mail signed for. & use the same process as our
NoCA

daveiron wrote:This is what i would do ,others may have different opinions.
1. Submit the N244
2. Frame the NoCA along the lines of requiring proof of claim,
Production of any agreement & the terms and conditions of such.
Dates when any alleged payments were made to you, and amounts given.
How the alleged figure was arrived at.

There will be many more i expect you can think of.
Make sure you notice him that all answers are required under his personal
liability and under penalty of purjury

Dont forget all via Royal Mail signed for. & use the same process as our
NoCA

Thank you so much as this has been making me ill all day, am i correct in saying there should have been (from what he is saying) an agreement on what was to be paid, when it was to be paid by and how? I also have messages where my wife (whom he involved) where she was being made ill by his actions saying she would also offer him some money because he was becoming nasty, and he flatly ignored her, yet also issued a CCJ against her (i will apply to have hers set aside) as she had zero involvement in anything.

The only problem i can see is ,you may well be asked why all court papers
were ignored by you, i am presuming you received them?

Regarding your wife, his actions in involving her ,have caused her considerable
alarm and distress

daveiron wrote:The only problem i can see is ,you may well be asked why all court papers
were ignored by you, i am presuming you received them?

Regarding your wife, his actions in involving her ,have caused her considerable
alarm and distress

It is complicated we live in a property where it used to be one business, 5-7 is the address and we reside at 7, the landlord turned our property into a rental property and kept 5 as the business (takeaway) so on many places we are still down as 5-7 and not 7. The number of times that mail goes to number 5, and they get so much of it they get fed up bringing it around, so unless it gets sent recorded or signed for, we miss loads, we have had important medical appointments missed for this very reason. Even if we go to order something / pay online it shows as 5-7. So, it wasn't until i saw my pay slip and the AOE i chased it up and found out what had actually happened, prior to that it was he said she said stuff and we had heard nothing back from him.

Ok ,thats a reason why you never received the paperwork.

daveiron wrote:Ok ,thats a reason why you never received the paperwork.

Thank you for your help.

Anonymous1975 wrote:

daveiron wrote:Ok ,thats a reason why you never received the paperwork.

Thank you for your help.

You need to notify the post office...

IF THEY CAN DELIVER SIGNED MAIL TO THE CORRECT ADDRESS, AND
THEY HOLD AN OBLIGATION/ CONSIDERATION...[STAMP]TO DELIVER.
[applies to all mail]
THEY...need updating.
ON your correct address.
regards
pitano1

Just one quick question, once i submit the N244 to have the judgement set aside, can i claim back the £816 already deducted from my salary for this month if it is done quickly enough? as we get paid on the 26th of each month but because that is a Saturday we will be paid on the Friday.

You will not be in time for this month,but i would inform your employer
that it is now in dispute and the order may be stopped or at least suspended
before the next deduction is due.

daveiron wrote:You will not be in time for this month,but i would inform your employer
that it is now in dispute and the order may be stopped or at least suspended
before the next deduction is due.

When you say follow the process as per our NoCA i have searched and can see a Notice of Conditional acceptance for debt purchasers only.

Its the basic format you need to follow, not the content of that one.

You are offering to settle any lawful obligation upon his satsifactory
response to the questions asked.
Its important you stick to facts and relevent questions,remember a judge
may well be reading them ,so keep everything on point.

These are only my suggestions as to what i would do,
It may be possible that he is just a chancer and your questions may
dissuade him from continuing. So choose your questions carefully.

quote="daveiron"]Its the basic format you need to follow, not the content of that one.

You are offering to settle any lawful obligation upon his satsifactory
response to the questions asked.
Its important you stick to facts and relevent questions,remember a judge
may well be reading them ,so keep everything on point.

These are only my suggestions as to what i would do,
It may be possible that he is just a chancer and your questions may
dissuade him from continuing. So choose your questions carefully.[/quote]

From the video you also shared i would also cite full disclosure as an issue as it would appear this was not there from the outset in regard to it was given and now claims it was lent, yet there were no terns, no breakdown of the alleged loan, nothing set out to how much was to be paid back and by when, i will take some time to construct wisely as you say.

These were the particulars of the claim that I received when I contacted NCC earlier, this does seem like he has “chanced it” the claim is also untrue, that is not what happened and we still have most of the messages.

Just to be clear did you receive any correspondence from the court or referring to the court case, anything that would have allowed you to make your defence? Getting the judgement set aside will be the best route, if that's possible. While the judgement stands the claimant has no need to enter into any sort of correspondence or discussion with you.

Just a quick reminder to get it set aside you will expected to explain why you did not acknowledge and defend the claim. So ideally it would be good to know why the correspondence didn't reach you. If you received absolutely nothing then maybe they used an incorrect address. You also need to show you have an arguable defence, ie one that has some chance of success and is worth hearing. Finally you need to make the application promptly, although no definition of "promptly" seems to exist.

flyingfish wrote:Just to be clear did you receive any correspondence from the court or referring to the court case, anything that would have allowed you to make your defence? Getting the judgement set aside will be the best route, if that's possible. While the judgement stands the claimant has no need to enter into any sort of correspondence or discussion with you.

Just a quick reminder to get it set aside you will expected to explain why you did not acknowledge and defend the claim. So ideally it would be good to know why the correspondence didn't reach you. If you received absolutely nothing then maybe they used an incorrect address. You also need to show you have an arguable defence, ie one that has some chance of success and is worth hearing. Finally you need to make the application promptly, although no definition of "promptly" seems to exist.

As stated above i never received any correspondence due to the complexity of our address, it is a business address and is still listed as 5-7 when we are number 7. We have a lot of mail go to number 5 for this reason, they get fed up of bringing it round so that stopped and we need to go in and see if they have received anything, and as it is a busy chip shop it's a nightmare. Even a quick Google search lists it as number 5-7 this is why we never received anything, ive missed medical appointments because of this. I can submit the N244 form tomorrow as i am off work, as for the defence he gave the money to me, i said at the time i done know when or if i could give it back, and initially he said dont worry about it, but then this changed as time went on and he wanted it back, i made an offer of giving him my share money, we even said ok ill set up a direct debit for x amount as he was getting nasty, and he declined that also.