Advice on removing a CCJ please

hellosunshine<3 · 23 June 2017 at 8:00PM

Hello,

If anyone could give me some advice on CCJ removal I'd be very greatful! (how I go about removing the CCJ and how likely I am to get it removed).
So the story is:
I was working for a major UK airline as Cabin Crew, I was off for a few months very unwell. I decided to leave the airline when I realised it would be difficult to carry on doing my role due to my illness.
When I handed my notice in, my access to the airline online staff intranet was removed and I was no longer able to access my online payslips.
After I left I was unaware I was overpayed £150 (due to no longer having access to the staff intranet). My pay was quite variable each month anyways so I didn't notice this small amount extra payed to me. I was also due to be payed untaken annual leave (which I never did get payed).
A year fast forwarded I got a call from a debt collecter saying I owed them £2,700. They said the airline had over payed me and I had not responded to their original letter. After much upset and threats from the debt collectors I paid the £2,700 to get them off my back.

I felt it was very unfair for a few reasons, firstly because the Airline overpaid me, I was not in the wrong, it was thier mistake. Secondly the airline never paid me my owed holiday pay which was was much more than £150. Thirdly they only tried to contact me once by a letter I had never recieved because I moved address a couple of months after leaving the airline. I did not feel the need to tell a past employer my new address. It also felt unfair because the airline had both my email address and telephone number on thier records but they did not contact me via either and instead wrote me one letter, which I never recieved. The debt collectors said that they had proof that I was still living at the house where the airline sent the letter because they said a vehical linked to my name was parked there. The worst thing is that I don't drive and didn't have a car! So what they said was completely false.
I fought the case with the airline pretty hard, they just kept saying it was nothing to do with them anymore because they had passed it on to the debt collectors. I even got my local MP to fight it as he thought it was unfair but he got no where and the airline did not appear to care.
After fighting for so long, I gave up and decided to accept the CCJ. Fast forward two years, I am ready to buy a house and start a family with my partner, problem is.....my CCJ is completly in the way of me getting a mortgage. Other than the CCJ my credit history is sparkly clean.
I was wondering if anyone had any advice, I don't want this to ruin my life anymore and delay me buying a house and having kids by four more years.

Thanks!

[Deleted User] · 23 June 2017 at 8:07PM

Let's get this straight.

You were overpaid by £150 by a major employer.
You didn't notice.
They wrote to you, only once, and only after several months of you leaving, so you had moved by then.
After a year, you now owed £2700.
You didn't receive any court papers.
You now want to fight a CCJ.

I don't believe a single word of it.

hellosunshine<3 · 23 June 2017 at 8:30PM

Yes I was overpaid £150. Yes I could have been more observant of what was going in my bank account, but like I said I was very unwell at the time and also anyone that has been longhaul cabin crew can vouch for monthly pay being hugely variable. I also was expecting to be paid my untaken holiday.
Yes they did only write to me once and the letter said (once I finally got sent a copy) that if the amount owed to them was not paid within seven working days it would be handed over to any agency.
I didn't recieve court papers. I moved twice during that year. It's entirely up to you if you believe me or not. It's the truth.

hellosunshine<3 · 23 June 2017 at 8:32PM

I also did not say several months I said two months.

waamo · 23 June 2017 at 8:32PM

When was the ccj given? When did you become aware you had a ccj?

hellosunshine<3 · 23 June 2017 at 8:42PM

The debt collectors informed me via an unexpected telephone call (which I thought was a fake call at first) about the debt and that it had all ready gone to county court. They said I had a CCJ. This was around just under a year before I had left the airline. They said the amount had become so high because it had gone through all the court proccesses.

hellosunshine<3 · 23 June 2017 at 8:46PM

Hello, sorry just found the original dates and amounts:
(apologies for originally writing the wrong figures)

CCJ:
Left British Airways- July 2014

Found out about overpayment in 06/2015 (original amount overpaid-£143, turned into £1696.50)

After me trying to sort out and clear CCJ- I paid total debt £1696.50 8th July 2015.

waamo · 23 June 2017 at 8:51PM

hellosunshine<3 wrote: »

The debt collectors informed me via an unexpected telephone call (which I thought was a fake call at first) about the debt and that it had all ready gone to county court. They said I had a CCJ. This was around just under a year before I had left the airline. They said the amount had become so high because it had gone through all the court proccesses.

With respect that answer is so vague as to be useless. The reason I ask is to remove a ccj you have to apply for it to be set aside at a cost of £255.

You must do this as soon as practicably possible after discovering you have a ccj. The law does not define how soon this is but more than about 30 days could start raising eyebrows.

Not receiving court papers and being unaware of a debt are good grounds for a set aside but without knowing when you discovered you had a ccj no further advice can really be given.

It also sounds like you've paid it. If you've paid then it's probably game over. A debt advice agency like Stepchange may help.

Edit to say I saw your later reply. You've been aware since 2015. On any view that's a while ago. I fear you would struggle.

hellosunshine<3 · 23 June 2017 at 9:04PM

Thanks for your reply and advice.
I don't know how I can make it less vague. That is genuinly how I found out about the CCJ, through the phone call from a debt collector company called high court enforcement.

The reason I did not apply for it to be removed sooner is because I fought the airline to try and help me remove it as I felt it was unfair, they took no intrest and said it was out of thier hands. I was unaware untill now that I had the power to take it back to court. I also left it up untill now because I was unaware how badly a CCJ would affect me getting a good mortgage. I was also unaware untill recently that it would stay on my financial record for 6 years.

waamo · 23 June 2017 at 9:12PM

Sadly you went about things the wrong way, through no fault of your own I must say.

i think your chances of getting a set aside now are nil. It would be a waste of £255 that I'm sure could be better spent. Paying it so long ago pretty much seals the matter. Again you weren't to know.

I know it's no consolation but I think you actually had very good grounds to get it set aside but that's water under the bridge.

pappa_golf · 23 June 2017 at 9:49PM

Found out about overpayment in 06/2015 (original amount overpaid-£143, turned into £1696.50)

tell me another , £50 max court costs , £50 max solisitors fees , so where did the other £1452 come from ? slightly higher than the permitted 8% interest

Advice on removing a CCJ please

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