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CCJ for claimed overpayment of Salary 2008

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  • CCJ for claimed overpayment of Salary 2008

    Hi, Whilst trying to sort my credit file out I came across a CCJ issued in 2009 to me. I contacted the person who issued it, my local authority.
    It is due to an overpayment of salary. I took a job in a school as a cover supervisor in 2008, I needed to work...After a few weeks I went sick, I suffered from depression and PTSD. I was paid whilst I was off sick and thought no more about it.
    The overpayment I think, is because they paid me, when they say I was not entitled.
    I remember going to occupational health and being told that because of my condition I would not be going back. They kept sending letters, I disputed the overpayment. In the end I offered them £10 a month to pay it off. In the letter I stated that I was not happy and believed it to be an admin error on their part. I then got the CCJ.
    I really don't remember much, this information came when I asked for reasons what the CCJ had been added.
    I have done a SAR request, which they keep asking for more time. I am being firm but polite.
    Can anybody help with the procedure they should have followed. I thought before a CCJ I had to return an official form? They say I am admitting the debt by offering £10 a month, even though disputed in the letter.

    Many thanks
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  • #2
    Re: CCJ for claimed overpayment of Salary 2008

    To obtain a CCJ they would have had to issue a claim which you would have received by post and would have had the opportunity to defend or settle. If you failed to acknowledge the claim, they would have obtained default judgment, which sounds like it was the case here.

    It is possible to have a CCJ set aside on the basis of not receiving court papers, but you'd have to pay a fee and show the court that the claimant had your address at the time the claim was issued and that you have a good prospect of defending the claim if the CCJ was set aside. By the sounds of it, you wouldn't meet the second requirement as you admit not being entitled to the money you received. See this for setting aside a CCJ: http://www.nationaldebtline.co.uk/en...e_county_court

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