CCJ please help?

savingcaz

Ok long story but here goes!

I was working last year on a maternity cover for the local authority. I then got pregnant and my contract was due to end the week following my 25th week of pregnancy. The teacher decided to come back a week before the summer so that she could get paid for the summer holidays, *many teachers do this* despite the school knowing this they informed me sadly not on paper! that i would be kept on till the holidays so the children had continuity of care. When they realised i would then be entilited to SMP they terminated my contract a week before - telling me on the tueday that i'd be leaving on the Friday.

Due to the abrut ending of work i was over paid - this went unnoticed in my account till i got a letter about 6 weeks later. They had over paid by £627 (which to be honest i disagreed with) but agreed i would pay it back. I explained at the time i was waiting on MA and couldn't pay anything back as i had no money. It took the MA ages to get sorted and i had no money for 9 weeks (bearly surviving on H's wage and increasing our cc debt!), By the time it came through i had to use the back pay to sort out our overdrafts and pay some other bills. I offered to pay the £25 a month whislt on ML and when i went back working to pay the rest of what i owed in either 1 or 3 installments depending on amount still owed. They refused this as i didn't have enough money to do this and insisted on the full payment. I wrote again explaing their contriditctions etc and heard nothign else. I asked again about payments and the refused. I then got a letter from the court askin for a list of out going and income. I duly did this and sent it off - explaining i had made an offer of payment and they refused. I then heard nothing, during this time i had developed severe PND (partly due to the cash situation) and hadn't really thought about it. Fast forward to last week when i got a letter saying a CCJ had been issued, and ordering me to pay £150 a month. I phoned them, and they said we had to put it in writing. We have done that and appealed and they have basically wrote back (they day they will of got it) saying payment is due on the 3rd oct. In the letter we explained that we were in severe fiancial difficulties and could not afford that amount, but if the CCJ was removed then we would take a small loan (from family but didn't tell them this) and pay it in full as they had said we could. but explained we'd need a week or so to do this.

They haven't even answered us or anything I'm so fuming, can they A - issue a CCJ when we have made several attempts at making payment and they have refused
B - not allow us to put our case forward.

I don't know where we stand- sorry it's waffling and long winded

GeorgeUK

Not sure about the court stuff, but you may be able to "vary" the order - i think this is a N245 form.

The CCJ will stay on your credit file for 6 years so i don't know if you want to try to get the CCJ set aside (form N244). I don't know if you can do this as you dispute the amount but hopefully others may be able to say.

Alot of creditors don't bother to pass details on to the court - did you notify the court of the situation before the case was heard and did you not get a chance to defend?

savingcaz

Hi George thank for the reply

I just got a form to list income and outgoings from the court that was it. I have phoend today to speak to someone as the have basically not mentioned anything in the letter about what we said and as he was going through it (he eventually listened to me!) he said there is somthing wrong here, this should never have been passed through as you have disputed the amount owed. He asked me to leave it with him and he was going to speak to one of the judges. He also said if i did make full payment before 3rd Oct the CCJ would be removed. Does that mean it would be removed from my credit file too? Especially if it should never have been registered?

Thanks again

GeorgeUK

I believe if anyone receives a CCJ, if they pay it off in full within 30 days (?) it will be removed from their credit file.

The problem here is that it should never have been put on your file in the first place as you disputed the amount of the debt to begin with. If you made the full payment, you wouldn't be able to disputethe amount owed.

You could make the payment in full if you wished and are in a position to do so, but make sure that you send payment by "special" delivery so that you have proof that it was received and also when it was received.