Tweet
Filing a fully pleaded defence against CCJ for overpayment of wages
I've had a telephone hearing with a district judge regarding setting aside a CCJ for overpayment of earnings. The judge said he would set aside the CCJ on condition I filed a fully pleaded defence. He said that I may like to seek legal advice as "there is a court order which will exonerate the current order"....does anyone know specifically what this could refer to?
I did seek legal advice, however I cannot afford the fees quoted and the solicitor said it may not be proportionate. Ill therefore need to file my own defence.
Brief details; submitted a personal part time roster yearly from 2011 until I resigned in 2015. Resigned as I relocated (stated this in my reason for resigning) 3 months later my employer wrote to my old address on 3 occasions and then the matter went to court in 2016 and a CCJ was placed on my record. My phone number never changed and I had removed myself from the electoral register. If they had wanted to contact me, there were other steps they could have made before taking the matter to court (in my opinion)
I only found out Nov 2020 when I made a mortgage application. I've only just received paperwork from my previous employer today (requested on 6th November 2020) and it still isn't clear to me that I owe the money back (they've scribbled numbers on my old roster and come up with £2000)
I have spoken to other colleagues who had received the letters regarding overpayment of earnings, some paid the money back, some asked for proof and the amount was recalculated, others took the employer to court and the debt was written off. I don't believe I owe the money back, I submitted a new request for a personal roster every year and at no point was an error ever identified.
I also wasn't given the opportunity to defend myself at the time as the employer wrote to my old address. Had they have contacted me directly (my mobile never changed) I would have been able to address the issue and asked for a proper breakdown of their alleged overpayment and found a way to resolve it without having a CCJ on my record. Now Im in a position where no high street lender will lend me a mortgage and will have to remortgage at a much higher rate. Any advice/info much appreciated (I have scoured other forums and made notes as Ive gone but just seeing if any thoughts related to my position)
I did seek legal advice, however I cannot afford the fees quoted and the solicitor said it may not be proportionate. Ill therefore need to file my own defence.
Brief details; submitted a personal part time roster yearly from 2011 until I resigned in 2015. Resigned as I relocated (stated this in my reason for resigning) 3 months later my employer wrote to my old address on 3 occasions and then the matter went to court in 2016 and a CCJ was placed on my record. My phone number never changed and I had removed myself from the electoral register. If they had wanted to contact me, there were other steps they could have made before taking the matter to court (in my opinion)
I only found out Nov 2020 when I made a mortgage application. I've only just received paperwork from my previous employer today (requested on 6th November 2020) and it still isn't clear to me that I owe the money back (they've scribbled numbers on my old roster and come up with £2000)
I have spoken to other colleagues who had received the letters regarding overpayment of earnings, some paid the money back, some asked for proof and the amount was recalculated, others took the employer to court and the debt was written off. I don't believe I owe the money back, I submitted a new request for a personal roster every year and at no point was an error ever identified.
I also wasn't given the opportunity to defend myself at the time as the employer wrote to my old address. Had they have contacted me directly (my mobile never changed) I would have been able to address the issue and asked for a proper breakdown of their alleged overpayment and found a way to resolve it without having a CCJ on my record. Now Im in a position where no high street lender will lend me a mortgage and will have to remortgage at a much higher rate. Any advice/info much appreciated (I have scoured other forums and made notes as Ive gone but just seeing if any thoughts related to my position)
