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Misadministration and CCJ

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  • Misadministration and CCJ

    Hi

    I received a CCJ a few years ago for alleged overpayment of salary, the overpayment was 662. I started the job in the December 2007 at a school, but had to go sick on return in January 2008.
    I found out about the CCJ checking my credit file, I asked the local authority to reconsider as I believed it was an error.
    In the end I did a SARS. I found out the following.
    • The rate of pay I was on was lower than contracted by nearly a 1000 a year.
    • Working out my salary there was no overpayment, in fact it broke even.
    • I found an email from line manager saying that as I had not declared depression I should resign.
    • I resigned and put the reason down as I would feel discriminated against
    • Found an e-mail saying I should be paid for one month under the sickness absence policy, and the headmaster trying to counteract it. Also saying no sickness recorded.

    I remember disputing the debt and after a letter of action, I wrote saying I will offer a token 10 to stop the CCJ, but dispute the debt as an administration error.
    Unfortunately soon after I was diagnosed with a mental health condition which got me sectioned so the rest of the time is a blur, but being back on my feet I wanted to get straight.
    I have looked at all angles and the pay issue does not add up, also with the papers about wrong pay scale, which they worked from and the resignation business.
    What do i do now, a strong letter pointing their errors and give them the option to rectify?
    The CCJ has caused chaos, i ended up getting some very bad advice and got into an IVA deal with it.....the impact over the years on simple things has been amazing.
    It has created instability as I rent because i was unable to get a mortgage. I now work full time again, helping people with mental health and debt. All I want is to settle with my kids. The authority told me before i requested the SAR i had no chance of overturning it....
    Do I have a case
    Tags: None

  • #2
    Re: Misadministration and CCJ

    Hi steven22,

    The authority for delays in requesting a set-aside is RegencyRolls v Murat Carnell .

    It was not granted there, & i think that was only a month or so's delay.
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

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