Setting aside an unknown CCJ when the solicitors knew I was no longer living there

[Guest]

Hello, I'd been away at university all year & early this week on Monday the 15th I came home from my graduation to a series of letters, one of them saying I had been issued a CCJ (opened everything on the tuesday afternoon)
The original issue was to do with an overpayment from a previous employer I left just before I went to uni in september; they had been posting to my mothers address but I wasn't aware of this until January when the solicitiors they had passed the issue to called me.
At this point I made them aware I wasn't in London but was at university and as such we corresponded via telephone and email. At some point the communication stopped and as I was in my Masters year it wasn't at the forefront of my mind.
Fast forward to this Tuesday, I find out they had still been sending post to my mums house and escalating the situation to the point where I was issued a ccj.

Upon noticing this I immediately started looking at my options and I of course want to set it aside and I am wondering if my defence for this, that it was sent to an address I wasn't at and they were aware, will be strong enough for it to be dropped.

Thanks in advance.

[Amethyst]

While you were communicating with them by email and telephone did you give them your new address? Do you have copies of the emails still ? and do any of them make it clear that you have told them you do not live at the London address.

Was there actually an overpayment from your previous employer? (Need to know if you'd have defended the case had you received the claim or whether you'd have just arranged to pay it)

[Student7]

It was mostly via telephone but I have one email from them still saved. It doesn't however mention my new address and I can not remember if they asked for my university one or we just agreed to correspond via phone and email but it would have been on the phone in any case.
I know for a fact they were aware I wasn't in London as I was shocked about the whole issue when they initially contacted me ( the employer had been sending letters to the London address)

I believe there was an overpayment and I was wiling tho pay it, the back and forth between the solicitors and I was establishing if it was actually correct and for a true breakdown; when i left the company, I was assured by management that everything was in order and no overpayment would occur so I was stunned by the turn of events.

[Amethyst]

Okay what does that email say?

And what date is the judgement?

[Student7]

The email from them is regarding a supposed breakdown of the overpayment.

It says it was issued on the 28th of May. I learned of it on the 16th of July.

[Amethyst]

Ok So too late to just pay it and it not affect your credit file so your only option to avoid the CCJ being on your credit file for the next six years is to have the judgement set aside.

First job then is to write to the claimant solicitors (assuming they were acting) and ask for their clients consent to set aside.

What was the overpayment for? ( As well as looking at applying to set aside we should be looking at whether you have a defence to the claim)

[Student7]

I've tried calling them but struggling to get through but yes I will continue to try to contact them.

I believe it was some clerical/admin error where I wasn't taken off Payrolls system in time, combined with overtaken days of holiday I was permitted to take while working for the company but in retrospect being told they weren't accrued.

I am conscious of time and acting quickly though. I have the necessary n244 form to set it aside, I am just concerned whether a judge will deem my defence strong enough and if it will be successful; I don't want to end up paying more money in legal fees as well as still having this ccj unfairly.

[Student7]

Just an update:

I managed to get the CCJ set aside, before it went to court.
The claimant solicitors were very resistant and almost condescending but I kept at it, asking to refer it to their complaints team and make a complaint.
My two points were 1. You were fully aware I was no longer at that address and yet you still sent correspondence there.
2. We agreed to communication via phone or email and while I was emailed once I don't think you exhausted your means of contacting me. Especially not regarding letters before action or court papers of which I didn't receive.

After waiting for that whole process the complaints team came back to me saying they would apply to set it aside and were also quite apologetic. They refuted the second point however agreed that the agent in question I originally dealt with was aware and should have taken my new address to send post to (also said something ominous about the agent in question being spoken to or dealt with regarding...lol)

All in all good result but I'm thinking what now? I believe it should be off my record within a few week and I can just pay the original claim off but they have wasted months of my time, increased stress and anxiety while dealing with other things - is there nothing in the way of compensation I can seek or a decrease in the amount I should pay back?

Thanks for everything btw

[Amethyst]

Sadly not unless you feel like trying to negotiate with them further ...You've said they have applied to set the judgment aside - so did they pay the application cost ? And have you actually had an order from the court stating that the judgment is set aside ? Or did they send a consent order which has been lodged with court ?

[Student7]

Yes they applied to the courts and I have the court order saying the judge agreed to it. I also contacted the courts directly about a week later and they confirmed this. Said they've already forwarded the information to the registry trust.
& Hmm fair enough I don't particularly feel like going through any similar ordeal but I guess I've come this far so I may try to negotiate. It's annoying because had I not been relentless and given up as others would have, not only would I have a big black mark against my name I would have to pay alot more back in repayments and it's not fair they should be able to just slide away so easily.