Overpayment of salaries

A major plc client of ours referred a case to us as one of their employees had received an overpayment of salary in error following resignation from our client’s employment.

The debtor was evading contact and all matters were being conducted through her son. It was the debtor’s son’s belief that, irrespective of the fact that it was an administrative error, now that they had the cash they should be entitled to retain it. There were also assertions that the debtor had now left the UK and again therefore should not have to repay the outstanding debt.

Despite protestations that this sum should not be repaid, County Court proceedings were issued and a Defence was filed and submitted but having been signed by the son as opposed to the defendant. The matter was listed for a preliminary hearing to determine whether the defendant had been properly served.

The Court found that the defendant had been properly served and as no Defence had been filed by the defendant, Judgment was awarded forthwith for our client. A trace agent subsequently confirmed the defendant was in the country and enforcement was taken to recover the sums due.

This exemplifies the efforts that some debtors will go to to avoid paying outstanding debts. No matter how many different attempts to avoid repayment are presented to us we will diligently pursue debtors on behalf of our clients to recover what is owed to them.