Help! Got CCJ due to overpayment from employer but was at Uni!

marvrealdeal

I left work in september to go to University, in a different city. Meanwhile, my previous employer had overpaid me 2 weeks wages and has been sending warnings and notices to my home address (parents address). Obviously I did not see this letters as I did not go home, they kept a box and put all my letters there. Ive only just gone through all these letters last week only to find out I now have a county court judgement against me!

My manager knew I was going away to University and wont be home. They had my telephone number so they could have rung me. Granted it is a big company and this probably all takes place at head office but they should atleast go through a bit more effort in resolving problems like these rather than just trying to get the court to issue ccj on a whim!

I dont think this is my fault. Firstly its not my fault they overpaid me, second I had no way of knowing they overpaid me nor should I think they did. I have no problem paying the money back but I desperately need this CCJ removed.

How do I proceed? Do I contact my employer, the court, an external company?

Thanks.

Happytogetdebtfree

Hi and welcome, did your parents not open your mail on your request? I don't know about removing the ccj, have you read the letters now? Maybe ring the employer see what they say about payments back? Or explain about been away at uni. Hopefully someone will be along to help more :-)

marvrealdeal

No, I wouldnt want my parents opening my mail, might be some personal stuff in there. Second my mum was out the country and my dad out working in a different city 5 days a week anyways.

I read the employer cannot do anything to remove ccj, they can only "settle" it.

The reason I need this ccj removed is because Im applying for british citizenship soon, and in the section of "good character", it asks "Do you have any criminal record or civil judgement against you" or along those lines. I really dont want something this trivial on my record.

Happytogetdebtfree

Well I don't know what to suggest don't know much about ccj's. Hopefully someone will post who is more clued up :-)

MacsReturns

I had no way of knowing they overpaid me nor should I think they did.

What, no payslips, no contract, you didn't check your bank account, you didn't know your own wages? If 'they' decide you should have and did know you were overpaid, but thought you were 'getting away with it', then that would have even worse impact on character assessment. I would think getting that paid ASAP would be a good first move to restoring your reputation, even offer interest... but where you go from there, I have no idea. I presume there's some sort of interview as part of the citizenship process that might give you an opportunity to explain the situation? You might also consider looking for a specialist lawyer to advise you. But either way, pay it back, pronto. Good luck.

marvrealdeal

MacsReturns wrote: »

What, no payslips, no contract, you didn't check your bank account, you didn't know your own wages? If 'they' decide you should have and did know you were overpaid, but thought you were 'getting away with it', then that would have even worse impact on character assessment. I would think getting that paid ASAP would be a good first move to restoring your reputation, even offer interest... but where you go from there, I have no idea. I presume there's some sort of interview as part of the citizenship process that might give you an opportunity to explain the situation? You might also consider looking for a specialist lawyer to advise you. But either way, pay it back, pronto. Good luck.

I work part time and random hours, I dont pay attention to the amount of wages I get, I just assume its correct. Not like I add up every hours I work for the month, all the holiday pay I may be entitled to, whatever bonus I got for that month, tax and make sure its correct for fear of my employer possibly overpaying me! I been working for 8 years and this is the first time its ever happened, not exactly the usual thing to worry about.

Its not about the money, its a measley £200. Right now they already done the damage, through their own fault. It was their own incompetence they overpaid me, my manager and my resignation letter stated I was going away to Uni yet none of that was taken into account and they just decide to mess up my credit over £200!

woody01

marvrealdeal wrote: »

I work part time and random hours, I dont pay attention to the amount of wages I get, I just assume its correct!

Rubbish!
I bet anything you like that if your wages were £200 short instead of over you would've noticed.

You knew full well you had received 2 weeks extra pay.
That would be at least 50% more than you would normally receive so wouldnt go unoticed.

You shold've thought about your citizenship before you tried to stiff your old employer. The population here would actually be better off if they turn you down. Dishonesty is rife among our citizens.....the last thing we want is to voluntarily add to it with you.

MatyMoo

woody01 wrote: »

Rubbish!
I bet anything you like that if your wages were £200 short instead of over you would've noticed.

You knew full well you had received 2 weeks extra pay.
That would be at least 50% more than you would normally receive so wouldnt go unoticed.

You shold've thought about your citizenship before you tried to stiff your old employer. The population here would actually be better off if they turn you down. Dishonesty is rife among our citizens.....the last thing we want is to voluntarily add to it with you.

I know we are all entitled to our own opinions but I think this is a little harsh.

A couple of times when I have changed jobs the final pay packet has been a nice surprise as the holiday pay has worked out way more than I was expecting.

I think there is a way to get judgement set aside but I am no expert. I am sure I have read that if it is paid within a certain time period after judgement it is removed and I think you can also fight it if you were not able to be notified prior to it going to court. Try searching for other threads that are about ccj's and you should find help.

terryw

Pay it within one month and it is not registered.

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/CourtClaimsAndBankruptcy/DG_10013083

marvrealdeal

woody01 wrote: »

Rubbish!
I bet anything you like that if your wages were £200 short instead of over you would've noticed.

You knew full well you had received 2 weeks extra pay.
That would be at least 50% more than you would normally receive so wouldnt go unoticed.

You shold've thought about your citizenship before you tried to stiff your old employer. The population here would actually be better off if they turn you down. Dishonesty is rife among our citizens.....the last thing we want is to voluntarily add to it with you.

Get off your high horse you idiot.

My wages range anywhere from 600-1000 month to month depending on hours worked and bonus received for that month if the store hit target or not(which again, as I left something I would not know), I got £800 for that month which was nothing out of the ordinary. And why the heck would I even assume I would recive 2 weeks extra pay? I mean this is a massive retail chain store....Im suppose to start worrying about this?

Bare in mind this is the end of my employment paycheck, it could have been anything from tax rebate, to holiday pay. For the record my payslip went to my home address too. The only mails I receive at my home are my bank statements and my phone bill, both of which I check online anyways.

You judgemental !!!!!!!. I have lived in the country for 15 years and not a single criminal record, never even been pulled over by a cop. I have 3 credit cards and all paid in full, my credit rating was immaculate before this. Then this happens, completely not my fault and I should be punished for it? ha.

Edit: Just for the record, re-reading the form it says I was overpaid due to holiday pay & absence from 13th-19th september? Its not even a case of simply 2 weeks overpayment as I previously thought...Confusing.

terryw

marvrealdeal wrote: »

You judgemental !!!!!!!. I have lived in the country for 15 years and not a single criminal record,

You are a tad harsh. I have lived here (since birth) for 63 years and I have not a single criminal record either. But I do know to check my mail regardless of the address that I have used.