CCJ issued in default for overpaid salary

[heredod]

Hello, and thank you in advance for any help you may be able to provide.

The situation is as follows. I used to work for a large software services company and in September of last year I decided to move on and provided a good 6-7 weeks notice. Pay at this company was always made a few weeks in advance and I did notice that I had been given my whole month's salary despite my leaving part way through the month. As it was a big company and I had given plenty of notice I didn't think much of it, I didn't know whether it was a mistake or not and frankly I didn't feel there was much I could do about it anyway. As I was moving house I corrected my address in the HR system to the new address and eventually left the company in a perfectly normal way.

A few weeks later I got an automated looking email saying that they had conducted "reconciliation of monies paid when you left" and demanded what appeared to be more than I thought I would have owed (about £1300). I also received the same email printed out and included with my P60 that was sent to my old address. Regrettably, due to getting a new job, moving house etc I didn't find the time to respond and eventually since I hadn't had any reminders or further contact (that I guess could have gone to the old house) I thought that they had moved on from the matter.

Fast forward to a week ago and a High Court Enforcement Officer turns up at the house of my parents who says he has a writ from the High Court and if he doesn't receive payment he is going to take goods to the same amount despite the fact that I don't live there. In fear that they were going to have their car taken away they pay the amount which is now £750 more than the original request.

I tried to get advice as I now am out of pocket and have a CCJ on register when I hadn't heard anything of the matter for over a year. I spoke to Citizen's Advice who sent me on to the Debt Hotline but to get the decision set aside I would need a defence to the original claim. I now have a hold of all of the paperwork I have been sent and all I received was a letter from a solicitors in August saying they had got a decision against me and asking to pay and another one from the the bailiff asking me to pay, both of which I wasn't there to receive.

So here I am. It comes down to, I believe, do I have a defence to the original claim of overpaid salary? I was in a company that was taken over in a TUPE and I checked my original contract and there was no mention of them being able to recover monies after I had left (although they could make deductions from my pay). I understand that there is a general right to recover money paid by mistake but I also don't believe I should have to pay people just because they ask for it (the original letter didn't mention any mistake of fact).

Sorry for the long description and thanks again for any help you may be able to provide.

[teaboy2]

Re: CCJ issued in default for overpaid salary

If you were overpaid, then you are not entitled to the money, you knew they had overpaid you and all you needed to do was contact them and repay the overpayment to them, even if it had been in small monthly amounts. The fact your contract says nothing about repaying over payments is irrelevant, its not your money, you didn't earn it. They only have to pay you for contracted hours and notice and accrued holiday pay, when you left, nothing more. And they are entitled to claim any overpayment back from you as a statutory right which precedes any contractual right or terms!

First thing to do is inform your parents to get a signed affidavit cone y a solicitor stating you no longer live at the address and have not done so since xx/xx/xx and that the property and title of ownership of all goods in their property is theirs and none of your property is the house. This will get the high court enforcement officer of your parents back once they hand him/her a copy for the signed affidavit.

Now as for setting aside the default judgement - Did you receive the court claim papers (particulars of claim) when they first issued the claim, or was that sent to your previous address and therefore not received by you? If you didn't receive the particulars of claim then that is enough grounds to have the judgement set aside alone, as clearly if you did not receive the claim papers you were not aware of the the claim, and as you have the right to defend the claim, the judgement will be set aside, resetting the whole court process. The chances are you can agree a repayment plan with the claimant after you have set aside the judgement.

[heredod]

Re: CCJ issued in default for overpaid salary

Yes, I understand that I have no moral right to the money, hence why I feel guilty, but my impression was that I could only get any decision set aside if I had a defence.

I should note that my parents did pay the amount that was asked for (I've since paid them back), and I'm not sure how that effects whether it can be set aside.

I have never received any court documents at all which is why I feel a bit aggrieved. I honestly don't know where the court documents were sent. I contacted my old landlord (live in) and he said that he returned all post after the first few months to sender.

If you believe I can get the decision set aside on the basis I didn't receive the documents then I'll proceed on that basis.

Thanks again.

[teaboy2]

Re: CCJ issued in default for overpaid salary

Yes, I understand that I have no moral right to the money, hence why I feel guilty, but my impression was that I could only get any decision set aside if I had a defence.

I should note that my parents did pay the amount that was asked for (I've since paid them back), and I'm not sure how that effects whether it can be set aside.

I have never received any court documents at all which is why I feel a bit aggrieved. I honestly don't know where the court documents were sent. I contacted my old landlord (live in) and he said that he returned all post after the first few months to sender.

If you believe I can get the decision set aside on the basis I didn't receive the documents then I'll proceed on that basis.

Thanks again.

Yes you can still have judgement set aside on basis you never received the particular claim, the fact your parents paid is irrelevant, as your the defendant not them, though it does mean the claimant wouldn't be able to Proceed with the claim once you have it set aside. Effectively meaning the CCJ would have never occurred!

As this is actually a court claim for monies owed, rather than an employment matter, i have asked MissFM to look at your thread.

[heredod]

Re: CCJ issued in default for overpaid salary

Ok, so I've prepared an N244 with the advice from the national Debt Hotline on the basis I never received the claim. If anyone could give it a quick once over that would be great.

The box in the top right

In the: Northampton County Court Bulk Centre
Claim no: (The case number on the letter from the solicitors)
Fee Account no.: (blank, don't know what this is)
Warrant no.: (blank, doesn't appear to be on the enforcement notice)
Claimant's name: (name of claimant)
Defendant's name: (my name)
Date: (today's date)

1. (my name)

2. Defendant

3. Set aside of default judgement due to the defendant not receiving claim.

4. No

5. at a hearing

6. 7. 8. 9. 9a. (all blank)

10. the evidence set out in the box below

On December 10th 2014 a High Court Enforcement Officer arrived at my parents' house to recover the sum of £2062.73 for the claimant N. The address of my parents' house is X, an address I do not reside at and I have not resided at for roughly 5 and a half years. My parents, fearing that they would have their personal possessions seized, paid the amount requested.


Prior to the visit of the Enforcement Officer I was completely unaware that there was a legal claim against me going through the courts as I had not received any correspondence from N, their legal representatives, or the courts, that any legal claim had been made or was going to be made. Given that I have not received the particulars of the claim it is impossible for me to form a defence which I believe I have the right to do and therefore I would like to apply to set aside the original judgement.

Continued on separate sheet...

The address that I was living at during the time frame of the legal proceedings was X2. I have included the email where I gave notice to leave my old address, which was let under verbal agreement, and the contract for the new address. I received no relevant correspondence at my new address. If it is also relevant I also moved again in September 2014 to X3. I have also received nothing at this address.

I should also note that I did update N through their internal HR system of my new address prior to leaving my employment as a matter of good practice.

The delay in raising this request from the original judgement is that I was not aware of the judgement and the delay in raising this request from the visit of the Enforcement Officer is due to the time taken to have my post forwarded from my parents’ address and to get legal advice. The only post I appear to have received at my parents’ address was one dated in August from the solicitors and one in November from the Enforcement Officer, neither of which I was present to receive.

I will also include

1. Email showing date I gave notice at my old address.
2. Contract for the let of the new address.
3. A cover letter to ask that any hearing not be during the christmas break whilst I'm away.
4. A cheque for £155 to HM Courts & Tribunal Service

I'll print out three of the above and post two to the Northampton Court Bulk Centre through signed post.

[teaboy2]

Re: CCJ issued in default for overpaid salary

Ok, so I've prepared an N244 with the advice from the national Debt Hotline on the basis I never received the claim. If anyone could give it a quick once over that would be great.

The box in the top right

In the: Northampton County Court Bulk Centre
Claim no: (The case number on the letter from the solicitors)
Fee Account no.: (blank, don't know what this is)
Warrant no.: (blank, doesn't appear to be on the enforcement notice)
Claimant's name: (name of claimant)
Defendant's name: (my name)
Date: (today's date)

1. (my name)

2. Defendant

3. Set aside of default judgement due to the defendant not receiving claim.

4. No

5. at a hearing

6. 7. 8. 9. 9a. (all blank)

10. the evidence set out in the box below

On December 10th 2014 a High Court Enforcement Officer arrived at my parents' house to recover the sum of £2062.73 for the claimant N. The address of my parents' house is X, an address I do not reside at and I have not resided at for roughly 5 and a half years. My parents, fearing that they would have their personal possessions seized, paid the amount requested.


Prior to the visit of the Enforcement Officer I was completely unaware that there was a legal claim against me going through the courts as I had not received any correspondence from N, their legal representatives, or the courts, that any legal claim had been made or was going to be made. Given that I have not received the particulars of the claim it is impossible for me to form a defence which I believe I have the right to do and therefore I would like to apply to set aside the original judgement.

Continued on separate sheet...

The address that I was living at during the time frame of the legal proceedings was X2. I have included the email where I gave notice to leave my old address, which was let under verbal agreement, and the contract for the new address. I received no relevant correspondence at my new address. If it is also relevant I also moved again in September 2014 to X3. I have also received nothing at this address.

I should also note that I did update N through their internal HR system of my new address prior to leaving my employment as a matter of good practice.

The delay in raising this request from the original judgement is that I was not aware of the judgement and the delay in raising this request from the visit of the Enforcement Officer is due to the time taken to have my post forwarded from my parents’ address and to get legal advice. The only post I appear to have received at my parents’ address was one dated in August from the solicitors and one in November from the Enforcement Officer, neither of which I was present to receive.

I will also include

1. Email showing date I gave notice at my old address.
2. Contract for the let of the new address.
3. A cover letter to ask that any hearing not be during the christmas break whilst I'm away.
4. A cheque for £155 to HM Courts & Tribunal Service

I'll print out three of the above and post two to the Northampton Court Bulk Centre through signed post.

You should also state that if you had received the claim you would have defended against it!

Reason i say that is not because you would have gone and defended in court, but in all likely hood you would have offered the claimant a repayment plan, in pre-action mediation meaning the matter would never have got as afar as court.

[heredod]

Re: CCJ issued in default for overpaid salary

I've included a sentence that I would have responded to the claim and defended the claim if I had received it and I've popped it in the post.

I'll keep you up to date when something happens.

Many thanks again for your help. I doubt I would have had the confidence to make the application elsewise.

[heredod]

Re: CCJ issued in default for overpaid salary

So I've had a response back from the court service saying that in order to proceed with the set aside I also need to apply to have the Writ of Control stayed which means another N244 and another £155.

I'm not really sure what to put as the reason. Is it reason enough to make the application for the writ to be stayed so the set aside can be heard or do I need to put the justifications for the set aside in the application for the stay of the writ?

[heredod]

Re: CCJ issued in default for overpaid salary

I contacted the court and they said the it was because they weren't aware that it had been paid so I've sent through my application again with a cover letter explaining it had been paid and with a copy of the receipt that the Enforcement Officer gave my parents.