Owe my employer money. Wrong address. ,

imme2000

Hello,
Ill try to make this as short as possible - I’m in the process of fixing my debts and saw a CCJ that made no sense to me. I called the county court who advised its a previous employer for ‘overpayment’ (annualised hours). 

Now I had no idea of this, no letters or calls or anything. The last contact I had with them, I received a letter to my previous house (parents) advising all was well and goodbye etc.

Now I spoke to my employer and requested all letters. They had sent emails to an old email address I don’t use and had ‘found my updated address’ which I had left (notified my manager I had left before I left my job). They also sent the initial letters to the wrong address on my contract. The address is 45 bla bla street, they sent it to 54 bla bla street. After I didn’t respond, they paid someone to ‘find’ me, however I was not living at this address anymore. 

So effectively they did this -

Sent a letter to incorrect address on contract
’found a new address’ - all letters sent to this. I had left this place, and advised my manager, after I’d quit because of mental health.
got a ccj with zero contact.

When I spoke to the County court, they advised I could challenge this but it would cost me £255?! Surely this can’t be right. The burden of responsibility is on them, I had zero idea I had been overpaid. If I’d known I’d have entered into a payment plan.

Any help would be great. 

TBagpuss

The £255 will be a court application fee - if you are not currently working or are on a low income then you may be eligible to pay a reduced fee or no fee at all  https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees  

I am guessing that you would be making an application to set aside the judgment (in other words, taking a step back in the proceedings to enable you to file a defence and dispute the claim.
Do you dispute that the money is owed at all, or are you simply disputing the steps they took to recover it? If it is the later you *might * have an argument that you should not be liable for any legal costs or interest but I am not sure whether that would run or indeed whether it would be worthwhile financially to challenge it. 

[Deleted User]

imme2000 said:

When I spoke to the County court, they advised I could challenge this but it would cost me £255?! Surely this can’t be right. 

It surely is right.

It seems you may have grounds for the CCJ to be removed, but remember that the debt remains.  Aa you long as you make efforts to repay it, that should prevent another CCJ being sought.

imme2000

Thanks for replying. I don’t dispute the debt, no. 

However, I would have appreciated the offer to pay this back over a payment plan and not have a permanent record on my file. Especially considering they know I left due to mental health issues. 

I’m currently working around 23 hours a week, so I doubt I would be eligible for the £255 to be set aside. 

It annoys me that this whole thing was because they went it to the wrong address, I.e. 45 instead of 54. Seems really unfair that they’ve managed to get a CCJ with zero contact too. It’s not like I took a credit card out and the burden of responsibility is on me to notify them of an address change. They could have called me? Or got my manager to message on fb? Instead they sent it to an incorrect address, madness. 

imme2000

The debt, without fees they’ve added is 450£. So paying £250 to remove it is pointless. So frustrating. 

imme2000

I called the creditor - he said they basically don’t care and they’ve done everything they needed to. Apparently ‘I knew’ about it. I didn’t. 

He said no reduction - have to pay the full balance. I said I’d seek advice and reply. When he realised they’d sent the letter to the wrong address he got sheepish. 

He said he’ll apply for a attachment of earnings? How does that work? 

[Deleted User]

It means money would come directly out of your pay to pay the debt.

imme2000

How do they apply for that? 

Is my best bet offering monthly repayments or paying in full? Can’t really afford the full wedge.

Andyjflet

Its unfortunate, best case scenario arrange to pay it back now under the circumstances. 

[Deleted User]

imme2000 said:

It annoys me that this whole thing was because they went it to the wrong address, I.e. 45 instead of 54. Seems really unfair that they’ve managed to get a CCJ with zero contact too. It’s not like I took a credit card out and the burden of responsibility is on me to notify them of an address change. They could have called me? Or got my manager to message on fb? Instead they sent it to an incorrect address, madness. 

I know utter madness I can believe, I asked the DWP to issue letter for weeks as lockdown commenced when they just couldn't be bothered even when it was them who made the mistake, I even had to listen to a general dwp call handler say I had been paid correctly when I first tried raising it. Now it just infuriates, first written letter from DWP did not appear until 14th August, by the 27th August I had totally been accelerated with the second letter informing of their intention to progress to AoE, to think if they had waited until payday the very next day, (their buddies at HMRC must have confirmed my employer dets and surely are the bodies to know exactly when I am paid) but, instead that was waaaaay to easy.
Fortunately I didn't get the boot from my AoE but enter an Employer who doesn't really know what they are doing and I risk being finned if done wrong - which is crazy when good old DWP decided to involve my Employer and started issuing letters which didn't exactly say should you chose to pay us directly and you've an Employer who insists they have now been handed the situation so good luck with clawing the situation back once it reaches AoE
Referring to my local MP as I want to understand how DWP made the errors but I think more cases will come about where people have never been fairly contacted.
Here is a link
https://www.nationaldebtline.org/EW/factsheets/Pages/countycourtattachmentofearningsorders/attachmentofearningsorders.aspx
and the following can happen:  The creditor has to pay a fee when they apply for an attachment of earnings order. They can add this fee to your debt. Your employer can also deduct £1 every time they take money out of your wages towards the cost of administering the attachment of earnings order.

Galloglass

There is an alternative way to do this.

Contact your employer and ask them to consent to a set-aside based on the fact you were not able to defend the claim due to the paperwork being sent to the wrong address. That fee is £100.

As part of the consent, you would prepare an "order" which would detail an agreed payment to clear the overpayment debt. There will be their court fees of about £100+ as well as the overpayment but you might be able to get them to swallow that.

You then send a completed N244 form plus the consent order plus the fee to the court and you should get a date for the hearing. The hearing (in person or over the phone) will be a 5 minute simple question session and (all being well) the CCJ goes, and you pay your ex-employer. All done