My previous employer took me to court without me knowing :(

usingautumn

To my shock I received a letter yesterday saying

ENFORCEMENT WARNING JUDGMENT DEBT: £140 Northhampton (CCBC) county Court, Claim No: ##### "Our records indicate that you have not paid the sum ordered by the court when it entered Judgement against you in our favor. We now intend to take steps to enforce the order etc etc baliffs etc..."

I phoned them up and it seems to relate to them overpaying me due to holiday which is fair enough and they had my address wrong (missing the flat number) and didn't think to phone me or contact my previous colleges/manager but then I guess it is a big departmentalised company.

Anyway I've sorted out paying them back I'm worried though that this court thing could show on my credit file, is it a CCJ? will I be blacklisted?

Many thanks,

Ian.

snowfairy84

if it's just threatening i would think it wouldn't be a problem - i think they remove them anyway if you pay it off!

usingautumn

I'm just confused as to if it's a CCJ that will appear on my credit file for 6 YEARS! or not. I've a agreed to pay the company back a bit every month however after reading this adviceguide.org.uk/index/d_how_county_court_judgments_affect_your_credit_rating.pdf if I pay within a month I can get a certificate to say I've paid and it will be removed from the register. Also if they have only just found my new address and it's over a month can I still do anything?

Can anyone clarify what I should do?

Many thanks,

Ian.

pinkshoes

Is the £140 the amount you owed the company for extra holiday taken, or does this have court costs added to it?

Did you actually speak to the court to let them know you didn't even get the paperwork?

usingautumn

When I spoke to the legal department of my previous employer I asked if any costs had been added and they said no and that I can either pay everything or do it monthly. No I haven't spoke to the court or heard anything from them but the letter I got from the legal department said they entered judgment against me in my employers favor, as I havent had any paperwork from the court I don't know if I should speak to anyone or who to contact.

snowfairy84

sounds like the decision has been made ( the address change doesnt matter it's on your name and not your address - thats how credit files work.

if it is on your file you need to speak to somewhere either asking if it can be removed if paid immediately or within the month? your other option if it is on there is to ensure it isn't ACTIVE when it's all paid off and this can damage your credit further. it should be shown as paid off on your file when it is!

Mistral001

Try Citizens Advice. You were not given a chance to defend yourself. That is puzzling.

Mara69

When a CCJ is entered against you, you have 30 days to clear the debt in full. If you do this, the judgement is removed and there is no CCJ. Any longer than 30 days and you'll have a CCJ against you, although once paid, it will show as satisfied. If it is very important not to have the CCJ you need to pay it in full

DVardysShadow

Actually, although this problem arises from an employment issue, it is better dealt with on the DebtFreeWannabe forum, they have the expertise. OP should not settle this just yet, but should consider the best way of getting the CCJ wiped and use payment as a lever.

As this has dragged on, OP will now have the CCJ firmly sat on their credit record. A CCJ is not wiped when it is settled, unless this is done within 30 days of the judgement.

The correct approach to this is to get the judgement set aside on the grounds that the complainant misaddressed all correspondence. If the complainant agrees to this, it is by far the easiest way to proceed - and this is why not pay the complainant immediately - because once it is paid, the complainant will not be so motivated as if payment were offered conditional to getting the CCJ wiped. However if complainant does not agree to wipe the CCJ, OP can do this directly with the court.

As ever OP should not accept employer's word that there has been overpayment, but should ask for proof and check that the employer's figures are correct.

doodoot

So if your previous employer used a wrong address, how come they have sent a letter to your new address?

How did they find you?

Were you living at this new address when the order was enforced at the court?

Notmyrealname

doodoot wrote: »

So if your previous employer used a wrong address, how come they have sent a letter to your new address?

How did they find you?

Were you living at this new address when the order was enforced at the court?

The OP said it was just missing the flat number so chances are it went to the right building, just not the right letter box in that building. I suspect when the notice they've now got came through they had other mail as well.