CCJ 'overpaid' salary need help

pipsi_2

DarkConvict wrote: »

Who is your mobile with. Some charities can be called for free from mobiles, without been charged like most 0800/0808 numbers.

(national debtline is listed).

If your not with orange, ring up your customer call centre, and give them the national debtline phone number and ask if this is in there list of free charities to ring.

Acas number is not free as its not a charity. 0845 747 4747 , alternative number - 0115 900 2670 (should be cheaper to ring from mobiles)

I'm with Vodafone, i'll do some googling to see if there is another number I can ring for National Debtline, the ACAS 0115 number will be useful as it will just come off my inclusive minutes and i won't be charged. Thanks

ps i'm not trying to be rude by deleting the links you've posted when i'm quoting you, the forum won't let me post anything with links in because i'm new.

Siamese

And when the judgement is set aside, file a small claims acton (you can do this online) to get your goodwill payments back.

DarkConvict

keep us up to date with how it goes, you have the information, you now need to get chasing the right people. Get the best info possible for a defence and get the set aside done.

pipsi_2

Will i still be able to apply to get the CCJ set aside even though the CCJ was entered over a year ago? Is there a time limit? I appreciate that it has gone on for a while, i guess back when i was just making the payments it meant i didn't have to worry about the issue, especially while at uni, then when i graduated i was on a really low income and spent some time out of work so it seemed easier to just continue with the £5 per month than start to fight the issue. Now i realise that a lot of time has passed since the CCJ but i can't say that M&S or their solicitors have been particularly persistent, i've probably only had about four letters from them since the CCJ, this year only one in January which i replied to straight away and another in April which i again replied to straight away. Neither of them referred to my letters at all, they were just generic, 'you haven't paid yet, please pay now' letters.

DarkConvict

No time limit to set aside.

You could argue you never had the papers to submit a defence, and reason for delay on set aside was that neither court nor creditor told you your right to set aside and enter a defence.

pipsi_2

OK, so i ordered my credit report from Experian. The 'debt' with M&S is listed under the Public Record Information section, it lists the amount, the court name, the case number etc but next to it it says Satisfied. Am i to assume from this that they have cancelled the case against me and have decided not to chase me any more for the money? I was gathering information together to get in touch with the court as others have suggested above, but as it has the word Satisfied against it on my credit report i'm wondering if i should bother. Obviously if they have informed the court that the problem is satisfied, but haven't informed me that they now realise they are at fault. I'm almost scared of contacting them now to ask them to get the judgement removed from my file in case they decide that they have listed it as satisfied by mistake. What should i do now?

DarkConvict

The CCJ will last for 6 years since the date it was added.

It will serious damage yoru credit file, you may find it difficult to get credit cards and mortgages, and even if you do the interest rate will be high. This will cost you £100s if not £1000's in additional interest charges.

I find it odd the CCJ has been listed as satisfied, but unless they have contacted you because they know it is a mistake i can only assume it has not been satisfied and a administration error has happened.

Personally i would still continue to follow this up so it is removed from your file.

pipsi_2

DarkConvict wrote: »

The CCJ will last for 6 years since the date it was added.

It will serious damage yoru credit file, you may find it difficult to get credit cards and mortgages, and even if you do the interest rate will be high. This will cost you £100s if not £1000's in additional interest charges.

I find it odd the CCJ has been listed as satisfied, but unless they have contacted you because they know it is a mistake i can only assume it has not been satisfied and a administration error has happened.

Personally i would still continue to follow this up so it is removed from your file.

Thanks for your advice, after i posted yesterday i ondered an online report with equifax (the one i did first was with Experian). On the equifax one it isn't listed as satisfied so you could be right it might be an admin error. I applied for working tax credits a couple of weeks ago and should get my award letter some time next week, once i get it i'm going to file the appropriate court papers and should be able to do it without paying a fee by showing i'm claiming working tax credit.

What shocked me a bit is that it doesn't mention what the debt is. Any company doing a credit check on me might assume its a debt like a credit card and not a disputed salary overpayment. if all else fails and i can't get it taken off i'll write an explanatory note to explain that it is a salary 'overpayment' and not a debt relating to a loan or credit card, some lenders may rate me differently if they understand what the debt is.

I can't see it being a problem to get it removed though, M&S have failed to produce proof that i owed them the money and despite me asking them time and time again they haven't been able to produce anything to say that i was paid the money in error. I'm not planning on applying for any credit anytime soon, although a credit card for emergencies could be useful. But wither way i don't want it on my report.