Unfair CCJ? Help!

loulou9844

Hi,

I am writing on here on behalf of my mum who is worried sick with the thought of the problems she is having.

She split from her partner and moved back down from Suffolk to Essex. Her job whilst up there claimed they have paid her a months salary too much at the end of her job.

They began to send her letters to get her to pay the money back, but by this time she had already moved back down to essex and had no idea she was getting these letters. It seems it has got to the point where she has had a CCJ filed against her back in Feb 2010. But as i mentioned before she had no idea she owed this money, and obviously missed the one month time frame that they give you to pay the CCJ off and have it removed.

It was only last week that she has received notification of this issue and is understandably very worried and upset that she has not been informed sooner.


Does anyone have any advice or experience in this? Is the likelihood of her apply to have it removed very high, as we are not sure how she would prove she was not living at this address?

Thanks so much

NorthernLas

Hi - Your Mum should be able to see from her P45 and bank statements whether her employer paid her too much salary.

You can ask the court to remove the judgment ('set it aside'), but you have a genuine reason to disagree with a CCJ. It may not be enough that the letters went to an old address (if she did not update her address with her employers). If she disagrees with the amount she owes then this may be a reason.

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/CourtClaimsAndBankruptcy/DG_10013083 Government info on CCJ
http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/CourtClaimsAndBankruptcy/DG_10013083 Factsheet on set aside

There is info in the links as to what do do if she does owe and cannot afford the payments.

Can she phone the national debtline for advice?