Please help! Possible CCJ?

lindsaygalaxy

To make a long story short, a few years ago I got paid too much maternity pay ( I work for the local authority, went back to work, they paid me maternity pay). The first payment I thought okay it must be in arrears then after the 2nd month I called them and they said oops, we didnt pick it up.
I paid some back but the rest I couldnt (single mum, tax credits and HB had stopped my childcare costs/ rent support while I was supply teaching and I had to keep working to keep my nursery place and gain teaching experience (I was still quite new). Anyway, I arranged to pay a set amount each month which I did, then during xmas this year I somehow just forgot. It wasnt set up on standing order or anything.
Moving forward a few months and I recieve a letter (26th april saying that unless I made a payment it would be sent to court. I contacted them straight away and restarted my payment. Saturday morning I get a letter from the court about a hearing for the amount!

I have contacted the local council who said the papers were filed for court on the 24th (even though I hadnt been contacted then) and it was too late. They said I could carry on with the payment plan and get a CCJ or pay it in full but taking off the interest and solicitors fee they added, but I would have to still pay the court fee. I tried to argue it but they said it was too late.
I can pay it all off on a credit card, but will I still get a CCJ? We are looking at getting a mortgage in a year or 2 and really don't want a CCJ on there. She said I could pay a fee and contact the court to get it removed?

Thank you for your help.

Tixy

If it goes to court and even if a CCJ is granted, if you pay it off in full within a month of the CCJ then its not recorded on your credit file or on the registery trust list of CCJs.

When you say the papers were sent to court on the 24th - of April? Had they sent a letter before action giving you time to pay before this happened?
What was the date of the letter you received on the 26th?

vax2002

You should file the papers to defend the claim and file the defence that the claimant has refused all recent offers of reasonable payment and given that this was an error on the part of the claimant.
that little or no attempt has been made to make any agreement to recover monies which you have agreed to re-pay and in this instance the issue of a CCJ is contary to protocol of small claims in respect that:
No notice before action has been issued
The Plaintiff has made an agreement to collect payment so the application for a CCJ is both unnecessary and Vexatious .
That the issue only arose by a clerical error on behalf of the Plaintiff.
Therefore I request that the issue of a CCJ is refused until the plaintiff can demonstrate what steps it has taken to collect payment and more of, offers explanation as to why they are refusing what they have agreed to accept.

lindsaygalaxy

Wow thank you for your help. Do I put this in writing or have to go to the court? Im so worried about getting a CCJ. The letter dated from the council is the 24th April. I recieved it on the 26th and paid the installment on the 27th (receipt by email).
The letter says no money has been recieved. I now give notice unless payment is recieved withing 7 days the account will be passed to the court for recovery. I sent an email to the department at the council the day I recieved it and an email was CC't to me saying please reinstall the payment plan. I then got a letter saying I had until the 31st of May to pay the installment (which I already had). Then saturday I got the court forms with a date of service stamp 18th May?