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Help re alleged overpaid salary and ccj


stephen317
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Hi

 

I am trying to deal with my credit history and found a CCJ. This relates to an apparent overpayment of salary in January 2008.

 

I was employed for a short while, but went sick with depression and resigned. I believe they may have paid me sick leave and then gone 'ooooops' shouldn't have done that.

 

To cut a long story, I was diagnosed with depression in 2001, the PTSD and later something more serious, I would have certainly fallen into the Mental Capacity Act because of the medication I was on.

 

They have said they will need proof about my capacity, this is where mental health gets a bad deal.

 

Geting the paperwork back from the local authority, they say i still owe them the overpayment, but nobody has explained why. I believe as far as i can remember it was an error on their part, I really don't know.

 

They have included a long letter saying that the letter enclosed shows I admitted the debt. The letter reads 'I write in relation to the account. I thought this matter had been resolved as I still maintain this is a clerical error' _ Am I right in thinking this is an admission of guilt !!!

 

They are also state that should I wish to take the matter further, then I will not be successful and incur more costs. I wanted to set aside the CCJ. I was diagnosed in Nov 2009 with a condition call Borderline Personality Disorder, which kicked the wind out my sails. I also meant I could no longer work as a counsellor.

 

I offered them £10 a month in July as at the time I was so confused by everything, I even stupidly entered into an IVA because in August 2009 they slapped a CCJ on me for this salary overpayment. I have very little on credit but this CCJ.....

 

I would love peoples views, I am well on my way to recovery training and helping people with mental health and debt, just need to sort mine first.

 

Am I right in asking for proof of the debt, sending my diagnosis letters..

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Who has issued the claim and obtained the Judgment - an employer ?

 

You are entitled to receive a breakdown of the figures they are claiming, yes.

 

Someone with more knowledge will be with you as soon as they can.

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thank you

The CCJ has been obtained by the local authority of the school I worked at, London Borough of Bexley.

 

It does appear tehy paid me whilst I was off sick, which i believed I was entitled to. This is still disputed by me, but because I did not kick up a fuss, they seem to think they are right.

 

Surely they need to provide me with all documents, perhaps including the contract of employment relevant to my post and explanation why!!!.

 

I did not get a chance to appeal the CCJ, it looks though after a letter I dent they saw that as some kind of admission

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You should have been sent a claim form - which you would then have had the opportunity to defend - at that time also, you would have been able to request full details of the claim against you.

 

Without seeing a copy of the letter, we cant say if you have left yourself open to an admission of guilt or not.

 

I have alerted others on the site team and I am sure others will look in over the weekend as well. I am sure they will also ask lots of questions in order to establish what has gone on.

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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How long ago was the CCJ obtained?

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thread moved to Legal Issues forum.

 

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I have to echo the question raised above as to what paperwork you received before the CCJ was obtained. Did you actually receive this?

 

On the basis of what you have said here, there would have been adequate grounds to defend this action - primarily on the basis of a change of position, but you would also have had an opportunity to put the Authority to strict proof of any amounts being claimed, which would have involved them providing details of contractual entitlements and precisely how the amount was made up.

 

In terms of the change of position, if you could demonstrate that you had adequate grounds to believe that you were entitled to the money, and that you had spent it in good faith, then it is unlikely that the employer could reclaim it (or at least some of it).

 

That is all hindsight as things stand though, as you would need to get the Judgment set aside, and would need grounds to do this. Not receiving the claim would be the most obvious reason for a set aside, but I fear that this would not seem to be the case as you have entered an arrangement to pay. was that through the Court? Have you been paying instalments for almost three years?

 

It would seem a bit late to be demanding proof of the debt, or mitigating the reason for it, if Judgment has been issued, or if you did not defend the case in Court. That would be best in the event of a set aside.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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If I understand your post correctly it sounds like you knew abou the CCJ back in 2009. Unfortunately there is not a good chance of getting it set aside now. To get a CCJ set aside you are supposed to make the set aside application promptly - usually interpreted to mean a maximum of two months. As the overpayment has already been through the court process probably a bit late to start asking for proof of the debt.

 

If the CCJ was included in the IVA, what happened with the IVA?

 

Getting rid of the CCJ is unlikely to help with your credit rating ... since the IVA would still be on there. I believe this stuff gets wiped from your credit record after six years so you wll need to wait.

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  • 2 months later...

This thread is now in "General Legal Issues"

 

It is purely an administrative move.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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