Questions frequently asked by debtors
Click the relevant question(s) below to see the answer.
Our correspondence will have explained that we have been instructed by your former employer to obtain repayment of an overpayment of wages. In most cases, the employer sought to collect the repayment direct before seeking our assistance.
Our first port of call is to correspond with the debtor to ask them to settle their debt.
County Court proceedings are only considered if the debtor does not make payment or does not agree to a payment plan to settle the debt.
County Court proceedings add considerable costs to a claim and are also a matter of public record. We would hope to secure payment without County Court proceedings, but this remains an option.
Our correspondence explains that payment should be made direct to the (former) employer. If, however, the employer has entered in to Administration or Liquidation, then payment will be due to the Administrator(s) or Liquidator(s). Our correspondence will provide the debtor with the relevant bank account details.
The debt does need to be repaid. If necessary you can contact us to discuss a payment plan to repay over an extended period.
Our correspondence, and previous correspondence from the employer, provides details of the overpayment. Please contact us if you need further information (please quote the case number when you contact us).
Our correspondence (and previous correspondence from the employer) provides details of the overpayment, and how this was calculated. Overpayments are normally after the calculation of Income Tax and National Insurance as the payment would have been processed through the payroll.
If you would like to propose a payment arrangement, please contact us with your proposal. We can then discuss your ability to repay using a payment plan.
All offers of repayment are subject to client approval and will consult them. Where possible you should look to make a reasonable down payment as this shows your commitment to the proposal.
Do not ignore the correspondence you have received from us. The problem will not go away by ignoring our correspondence. If you cannot afford to immediately repay the debt, then please contact us to propose a payment plan.
Some people incorrectly believe that if an employer (or ex-employer) overpays an (ex)employee they are entitled to keep the money. This is not the case.
We are not debt advisers or counsellors. We have collated a list of organisations, however, that may be able to help those in financial difficulty or need help with budgeting etc. Please see our “Help for Debtors” page.
If a debtor has not paid as directed on the judgment made against them, then their details are registered as a CCJ. CCJs stay on the public register for six years, and may affect your ability to get credit.
If the debtor ignores the CCJ, the employer can use a County Court Bailiff or High Court Enforcement Officer to ensure payment. Other enforcement proceedings are also available.
A County Court Bailiff or an agent of a High Court Enforcement Officer (Sheriff), will only visit a debtor after they default on a County Court Judgment (CCJ). There is plenty of opportunity to settle the debt before County Court proceedings, and after a CCJ before enforcement proceedings commence.
A “Notice of Enforcement” is part of the process to recover a debt after a Writ of Control has been issued against the debtor by the High Court. This process only starts after the debtor fails to make payment after a County Court Judgment (CCJ) is issued.
Full instructions, including how to make payment, will be on the “Notice of Enforcement”, along with the next steps available to the High Court Enforcement Officer.
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Debt Collection Service Limited |