CCJ for alleged overpayment

[stephen317]

Hi,

 

In 2007 I worked for a short time in a school. Cutting a long story short I resigned because my depression crept up and I got an email from my manager saying, it was better to resign because i did not declare it. I didn't have to and felt it would be a bad move I resigned and said there was a lack of support.

I then found out there had been an alleged overpayment of salary. I argued at the time this was wrong, but they went ahead with the CCJ. At the time this was all going through I was very ill diagnosed with complex PTSD...(won't bore you)

I started looking at my finances this year with someone and we decided to look into it. That we discovered was that I was employed on a salary that was advertised, but later found this was incorrect and in fact I was on a lower salary.

The Local Authority has argued this and today sent a letter saying there was an error, but all we will do is adjust the amount of the CCJ. I did a SAR request and there was nothing to clarify the overpayment, the payslips show the lower salary, but no overpayment. The LA seem to have missed the point, all along I was right there was an error in the initial job advert, then the salary and then the way they have handled things. Even when threatened with the CCJ I said there was an error and that I would pay £10 a month, they took this as an admission.

I feel a little cheesed off with this, as it stands I have written to the local MP and chief executive. The CCJ has been very destructive in my life and I even took out a CCJ to try and deal with the debts. This was all at a time I was not myself and because of my medication had my driving license revoked.

Any help please..........I advise people on mental health and debt and benefits, but myself, well what is it they say

[steampowered]

Hi, there are some key questions you'll need to answer before getting clear advice.

,br>When was the CCJ granted?

 

How much, roughly, was the CCJ for? How much should it have been for?

 

If the CCJ was originally granted for the lower amount would you still have had the same debt problems?

 

Did you ever contest the amount in court? If not, why not?

[stephen317]

Hi

 

Thank you, the original CCJ was issued in 2010 and was for a figure not including court fees of £662.01.

 

The recalculated amount they sent this week is £575.55 so the ccj was wrong by £86 ish

 

When I was threatened with court I offered them £10 a month, but stated in the letter that I maintain this is a error, mainly because of the amount and that i disputed the overpayment because as far as I remember i got paid and there was no second amount. Since then I have seen payslips and there is no listing of overpayment, only what I was paid. I contested the amount several times before and in the letter I sent.

I went to court, had a one to one with someone, i dont remember it being under oath and at the time was not myself, but maintained it was a mistake.

It is more the fact the CCJ has crippled me with things such as renting a property and car insurance as they need credit checks, so I have had to accept some ropey places.

If they could have proved the overpayment rather than the way they did it, then fine, but i maintained all along it was an error.

[steampowered]

If you have already been to court and the court made a decision, it will be very difficult to have the CCJ set aside now unfortunately. A set aside application generally must be made within 2 months. However when the debt is paid the council should inform the court and you will be able to get a certificate of satisfaction, and have the CCJ marked satisfied on your credit record.