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Just found out about a default ccj from an ex employer, could really use some advice!

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  • Just found out about a default ccj from an ex employer, could really use some advice!

    Hello,

    I've just joined and this is my first post, please bear with me, I could really use some advice!

    This week I was being referenced for a new property I wanted to rent and the agents called to say I had failed the credit check because I had a ccj against my name. I had no idea about the ccj and the agents were able to give me a court reference so I called Northampton Court and they said it was from my ex employer for unpaid course fees to the sum of £2,237. Apparently the papers were served last September to an address I no longer live at, and the default judgement was on the 5th December 2013.

    When I worked for this organization they sponsored a part time degree and I was required to sign a form of undertaking. I was told if I left within 12 months of finishing the qualification I'd pay 100% back, after 12 months 50% etc. I left 16 months after finishing the qualification (and was expecting to be billed for 50%) however when I left I was told that I was required to repay 100% and that this was in line with their policies. I responded by saying I had not agreed to those terms and submitted a subject access request asking for the form of undertaking from my HR file and some other evidence such as the training policy documents etc. This was in April 2013 and to date I have not had a response.

    At all times they have had my contact details and numbers but I advised them that I was in temporary accommodation and therefore to call or email until I had a permanent residence (which is why I wanted the flat!). Since march I've been relying on temporary lodgings and the kindness of friends whilst going through a difficult time in life. I made this clear in writing and had requested them to contact me once the subject access request was complete and I would either provide an address if I had one by then or collect it in person if not.

    As stated they have never been in touch since and in all honesty I thought the issue had gone away. Until the events of this week anyway! Since finding out I have contacted the CAB and I'm waiting for them to contact me with an appointment. I'm worried that this may take time and wondered if anyone can offer some advice as to the best steps to take from here. I believe I can apply for this to be 'set aside' but I don't know if this is the right thing to do. I've always been willing to pay 50% but without proof I dispute their claim of 100%.

    Any help would be greatly appreciated.

    Yours sincerely,

    Worried in Amesbury
    Tags: None

  • #2
    Re: Just found out about a default ccj from an ex employer, could really use some adv

    Hi and welcome

    You can apply to have it set aside if you can show the court:
    1. That the claimant had your address at the time yet you did not receive the court papers and
    2. That you have a viable defence against the claim

    From what you say above, it looks like you may meet the requirements, in which case you'd have to submit an N244 form. A fee of £80 is payable but may be waived in some circumstances. All the info you need is here: http://www.nationaldebtline.co.uk/en...e_county_court

    In all honesty, I doubt the CAB would be able to tell you something different.

    Comment


    • #3
      Re: Just found out about a default ccj from an ex employer, could really use some adv

      Thanks Flaming Parrott,

      I've had a look at the link and I'll get this submitted as soon as possible. Is it reccomended to have legal representation for a hearing like this? I've never been to court and would probably find the whole experience pretty nerve wracking!

      Comment


      • #4
        Re: Just found out about a default ccj from an ex employer, could really use some adv

        You may need to get pro bono - free - legal representation, as the Civil Legal Aid budget has been viciously cut.

        Look at my signature for the National Pro Bono Centre.

        Comment

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