Refused Bank job due to ccj

sound666

Hi,

Recently applied for a bank job and passed the interview, I got a call a few days later to tell me I they found a ccj I hadn't declared and because of this could no longer offer me employment. I had no idea about this ccj, I called the court and found it was a company which I got a loan with years ago. They had issued the ccj against an address I had not lived at for 2 years. They have my recent address and i have called on many occasions to speak to a manager due to a dispute. I always called and made payment over the telephone each month, one month without my permission they took a large sum of money from my account, i can only imagine they must have kept by card details to do this with as i have never had a direct debit set up etc. I was trying to find out if this was legal for them to do any of the above?

I've sent a letter to the bank to advise of this and also informed them of my intention to dispute the ccj in court, they have advised me they will get back to me as in some exceptional circumstances may be willing to employ me providing i provide proof of the ccj dispute at a later date.

Any advice? Has anything similar happened to anyone on here before?

Appreciate your help.

dmg24

Did you ever pay off this loan?

sound666

The loan was for £4000 the remaining balance is £1700.

jadex

sound666 wrote: »

They had issued the ccj against an address I had not lived at for 2 years.

Can't be as address can't be in debt - it had to be physical person.
Then they can't issue ccj - as the name suggests it has been issued by County Court and you should have been notified about the hearing date. I guess you did not attend.
You must confusing some things...
Also paying by card is not a direct debit - if you gave them card mandate they can take any owed payment from your card (search through the site to find out why it is so dangerous - you can't cancel it from your side anyway).

Fingers crossed you'll clarify things and get the job.
Good Luck!

fermi

jadex wrote: »

Can't be as address can't be in debt - it had to be physical person.
Then they can't issue ccj - as the name suggests it has been issued by County Court and you should have been notified about the hearing date. I guess you did not attend.

A creditor is entitled to ask the court to serve the CCJ claim forms by post to the debtors last known address.

Sounds like this is what has happened.

In these cases, obviously, the debtor will be often be completely unaware of the CCJ proceedings so will not be able to respond. The court can then issue a "default" judgement when the time limit for a response has expired.

Happens all the time.

The link below may be useful to the OP if they have a dispute over the debt and were unaware of the claim.

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

Proc

So when you stopped paying the loan, and you stopped hearing from them (presumably after you moved address) did you really think that the loan company would just be like "Oh the loan isn't being paid. Let's just forget about it and call it evens"?

You're confusing direct debit with debit card payments.

I would be horrified if I knew that my bank employed people with this level of financial management and understanding.

Uncertain

The problem is that, apart from legally protected discrimination matters, the bank can reject you for any reason they like.

Even if it is too late for this application you need to go through the proper process to resolve the alleged debt.

You probably know that, due to a recent judgement, it can still be a debt even if it is now statute barred or unrecoverable for some technical reason.

I seldom agree with Proc but I too would hope that bank staff would have a good understanding of this and deal correctly with their debts.

sound666

Thanks for all your replies, I'll try and explain more simply as there seems to have been some confusion with some of the replies. I am not confused as to what a direct debit or a card payment are. I was simply stating i had never set up a direct debit with this company, yet on a random date, they took a random amount of money from my bank account. I never gave them my bank details or agreed to this. Therefore i can only imagine they stored my card details after i made a payment over the telephone.

Does anyone know if this is common practice for a company to do this? Is it even legal to do this? I have sent numerous letters and made countless phone calls demanding an explanation as to why this happened however have never had a reply, i have sent letters from my current address so they are very aware that i have moved. In fact i have moved twice since living at the address the ccj is against and contacted the company from both.

Again thank you for any advice.

fermi

Hi, Martin’s asked me to post this in these circumstances: I’ve asked Board Guides to move threads if they’ll receive a better response elsewhere(please see this rule) so this post/thread has been moved to another board, where it should get more replies. If you have any questions about this policy please email [EMAIL="abuse@moneysavingexpert.com"]abuse@moneysavingexpert.com[/EMAIL].

BeautyandtheBeast_3

im sorry to hear about you job - fingers crossed you get to the bottom of this and find employment. good luck

DarkConvict

They should not take the card payment, because it is not a payment you authorised. Contact the bank over card misuse.

As to the CCJ, even if you gave them the most recent address did they ever contact you. Sadly their system may not have updated or in a rare case both letters got lost in the post. So they never got it.
All you can do is ask for it to be set aside, but you are going to need to pay it in full, otherwise a CCJ will be issued for you to pay £x per month anyway.

If you stopped making payment at any point, they are ofcourse going to go for a CCJ. You should never hope they have forgot, if payments have stopped or carried on to long, their is a reason and you must sort it out. You are your own accountant.

Bank Jobs, finance and lawyers generally require a clean sheet, no CCJs, Bankruptcy, etc.