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CCJ Papers for Overpayment of Salary.


dltracy
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Please I need help quickly, I worked at one point for a local school and then left, about a year after i left they made a payment into my bank account and when i tried to contact them they just passed me from one department to another without any answers and kept repeating that i no longer woked for them.

I spent the moiney and heard nothing for 3 years, when they suddenly decided that i neede to pay the money back, I am now on benefits, disabled and unable to work and so offered to pay a small amount monthly, this has been ignored ( i only made one offer, they didnt give me any other chances) and i have now been sent CCJ papers, these arrived on the day my Dad passed away and it is now 10 days later, when after the funeral is over that i realise that i havent done anything about them.

 

What do i do, i dont want a ccj against me and feel that they are being very unfair as i explained to them on the phone that my Dad was very ill when i made my 1st offer and they havent given me any chance to discuss this further.

 

I am likely to be on benfefits for the rest of my life as i have a progressive but not life threatening disease.

 

Any help would be helpful as all the post here deal with help with ccj for credit agreement debts.

 

p.s. i have never sent bank statements to support the fact the them money actually went into my account,

 

Thanks.

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Hi

 

Firstly you need to log on to www.moneyclaim.gov.uk and file an acknowledgement which will allow you more time.

 

I cannot help with your defence but someone will be along soon who will be able to help - the only problem you have is that you have had the money and spent it and I am not sure how you could defend other than then length of time it has taken for them to contact you.

 

I am sure someone will be along soon

 

Good luck

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I don't see that you have a defence either as you owe the money - it was therir mistake but that doesn't entitle you to keep it. Acknowledge it, which gives you a furtehr 14 days and write to them expalinign your circumstances andsee if theywill write it off.

Consumer Health Forums - where you can discuss any health or relationship matters.

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I can understand that I need to pay the money back, but surely that are supposed to be a bit more reasonable as its was their mistake, plus the fact that i tried to find out about the money before spending it and also the length of time its taken them to contact me,and the fact that i now would have great difficulty in paying it back in large monethly amounts, i feel that its very unfair for them to say we want this now and not give me a chance to set up a regular payment plan without going to court, i thought that the courts prefer them to make sure that there is no other way to get the money back, not just ask then sue straight away.

 

If i acknowlegde the claim with the court do i then write to the company who wants the money back next and are there any letters that you could recommend.

 

Thanks again.

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You'd have a defence if you could reasonably not be expected to notice their mistake.

 

Say you were expecting to be paid £1100 but they paid you £1200, I doubt you'd notice. But if they paid you £11,000....

 

I'd say that any defence rests on you being able to demonstate that you took reasonable steps to notify them of their mistake as soon as you noticed it. You say that you tried to phone them, but did you put anything in writing - and do you have records?

 

If you can't prove that you'd made an effort to notify them, the best you can hope for is that they'll drop Court action and settle. The Court would take a dim view of their action if they had refused a reasonable offer of setlement before they started proceedings. If it does make it to Court, the judge will take your circumstances into account and only order you to back the money back in instalments you can genuinely afford.

 

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Hi there DL,

 

Firstly see about acknowledging as Linz has advised to do as rightly it does give you some time.

 

Dont be too disheartened as we will try to help where we can, ok.:)

 

I heard a chat show on the radio the other day where they were discussing a girl that ?Abbey had deposited over £100,000 to in her account of £6.50. Hard to miss!! She spent the lot!

 

But she has to go before a judge very soon and they were contemplating that for that amount it constituted a crime really.Because it was a HUGE amount!! I guess she thought as many would that there was every chance that the daft bank just wouldnt notice! BUT dont worry its not my intention to scare you!

 

You could always plead ignorance?

 

This is based on the fact that you could plead that you werent aware it was from them (?the school) & that it was spent just as your own money.

 

Though, if it is a large amount then you have little defence it seems, as the larger the amount the more noticable it is in your bank account of course. However, if it was a small amount that could have been missed then you may have a plausable defence I think.

 

There are clearly mitigating circumstances. However, they have to accept some responsibility too, & this kind of thing makes me soooo mad!

 

I guess what a judge might say is that you didnt take enough steps to return it. Easy for me to say I know. The judge will want to know that you took every step available to return the spondoolies.

 

You could always contact you consultant & ask very nicely for him to do a covering letter regarding your progressive illness. You wouldnt need to explain the reason other than you need a supportive letter for the authorities to explain your medical status. You might gain some empathy that way. Just an idea.

 

Hope this helps.

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Many thanks for the prompt reply, was beginning to think that i should just ignore this and it would all go away, but after reading the forums here it seems that its not a good idea, lol.

 

Firstly did phone several times about the money, but no-one wanted to speak to me as I was not employed by them ??? so didnt want to know about having the money back.

 

Secondly the amount is £1,500, and i was awaiting a back payment from the Carers allowance at about the same time (for roughly the same amount), so i didnt notice the paymenys until a couple of months after it had been received.

 

I would like to stop the court ccj from going ahead and just have a payment plan set up with the council, but dont think that they are going to listen to me, is it normal for companies to not give you a chance to offer repayments before issuing a ccj.

 

To make matters worse i informed the debt collection agency that my Dad was terminally ill at the time of the first letter (he has since passed away, the day before the papers were issued) and they didnt give a damn about thatm just said it was tough luck but not their problems, i think that there whole attitude is digusting!!!!!!!

 

Thanks will let you know how i get on.

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You could have a go through reliance and change of position. Because you notified them three years ago of the problem, and they refused to deal with it then...

 

Secondly, no it is not normal, they were required to send you a letter before action, and give you a decent amount of time to respond.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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This falls under employment law I'm pretty sure. That would mean a tribunal before any court could get involved.

Overpayment of wages is different to just being overpaid by say a bank. The last I knew if you spend your wages in good faith believing it to be correct it's nigh on impossible for employers to get it back.

Unless of course it's glaringly obvious.

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Thank you,

 

But can you please explain what you mean by 'reliance and change of position' sorry being a bit thick, lol.

 

Many thanks.

 

If you called them up, and told them about the overpayment, and they informed you they had not overpaid you, you would be entitled to rely on that situation if you spent the money.

 

here is a dummy guide: Legalpulse - Overpayment of wages

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Really sorry to hear your Dad passed away.

 

A call to ACAS wouldn't hurt any either.

 

Acas - Home

 

From experience, it's better to call early morning just as the 'phone lines open!

 

Good luck & best wishes. Regards, Dave.

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Well, lying isn't restricted to DCA's. Try defence lawyers, prosecution lawyers, those completing i/e forms, those applying for loans or mortgages or credit cards, bailiffs, car dealers etc. A tougher task would find persons telling the truth! I think we must simply accept that each and every one of us tell lies for our own benefit. Why expect others to be different? a Troll? Nah, just bringing a welcome voice of reason to an otherwise completely biased forum.

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Well, lying isn't restricted to DCA's. Try defence lawyers, prosecution lawyers, those completing i/e forms, those applying for loans or mortgages or credit cards, bailiffs, car dealers etc. A tougher task would find persons telling the truth! I think we must simply accept that each and every one of us tell lies for our own benefit. Why expect others to be different? a Troll? Nah, just bringing a welcome voice of reason to an otherwise completely biased forum.

 

Of course people are going to be biased on here, these people come onto this forum because they have felt an injustice has been done in one way or another and they have come on this forum to find help to put it right, people are angry that these companies are acting out side the law and regulations that are set out by governing bodies. Most people on here are genuinely in dire straits, and its common knowledge that people tend to bury their heads in the sand until its often too late to get some thing sorted, it dosnt mean that these people are criminals and deserve to be treated as one, which most companies tend to do so, especially sending letters with threats to committal to prison etc. The only thing people are guilty of is ignoring a debt, for what ever reason. that shouldnt give companies the right to treat people in the respect that some companies do.

May I suggest that you read deeper into some of the threads that have been posted especially the bailiff section to see how some people have been treated. \then you may realise why people are so biased on this forum.

 

 

my apologies for hijacking this thread

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