Compensation requested for CCJ in Error Delayed the Job Offer

yoyobob

An organisation applied for a CCJ against me, after not using the correct address to serve details of a bill. As I was unaware of the bill, the bill was left unpaid. Once I was aware of the CCJ following a review my credit score, I pad the bill and informed the organisation that since they had not used the correct address details I was unaware of the bill. I informed them that the bill had been paid and requested  they apply to remove the CCJ at the earliest opportunity. 

The organisation have my mailing address, via official channels and other engagements with different departments. I was in conversation with the organisation for a number of different issues via phone and email. The organisation have on file my other contact details. The organisation requested that I prove that I had provided them a mailing address for the specific department. A few years before the incident, I had provided a form where I registered my mailing address (which I had hand delivered) and I also emailed copy. I provided the organisation details of the form I had sent a few years back. Representatives from the organisation apologised, provided me a letter stating the CCJ was a result of an administrative error and mentioned they would get the CCJ removed. I informed the organisation at the time, that a CCJ prevents me from working.

I spent many months trying to get the CCJ removed in contact with the organisation and their legal representatives, via phone and email. I was not renewed in the role I was in at the time, that was 2 months after I requested the removal of the CCJ. A CCJ on my file to my understanding would be a reason not to renew, but I can not prove that the CCJ had any impact on my renewal. I managed to secure another role, I did inform the new company at the start of the recruitment process of the CCJ placed open my file in error. During the vetting procedure I was informed that I would not be able to work as I had a CCJ on my credit file.  It took nearly 2 months, of phone calls and emails before the CCJ was removed. I eventually started the new role nearly 2 months after the offer. Am I entitled to be compensated for the delayed start.

MattMattMattUK

yoyobob said:
I informed them that the bill had been paid and requested  they apply to remove the CCJ at the earliest opportunity. 

CCJs are not removed because they are paid, they are marked as satisfied. 

yoyobob said:
An organisation applied for a CCJ against me, after not using the correct address to serve details of a bill. As I was unaware of the bill, the bill was left unpaid. Once I was aware of the CCJ following a review my credit score, I pad the bill and informed the organisation that since they had not used the correct address details I was unaware of the bill.

The organisation have my mailing address, via official channels and other engagements with different departments. I was in conversation with the organisation for a number of different issues via phone and email. The organisation have on file my other contact details. The organisation requested that I prove that I had provided them a mailing address for the specific department. A few years before the incident, I had provided a form where I registered my mailing address (which I had hand delivered) and I also emailed copy. I provided the organisation details of the form I had sent a few years back. Representatives from the organisation apologised, provided me a letter stating the CCJ was a result of an administrative error and mentioned they would get the CCJ removed. I informed the organisation at the time, that a CCJ prevents me from working.

If they have admitted that it was their fault and you have it in writing then you can get it removed yourself, although it would cost you, you could then apply to them via small claims for that cost to be reimbursed. Though it is much easier if they do it.

yoyobob said:
I informed the organisation at the time, that a CCJ prevents me from working.

I spent many months trying to get the CCJ removed in contact with the organisation and their legal representatives, via phone and email. I was not renewed in the role I was in at the time, that was 2 months after I requested the removal of the CCJ. A CCJ on my file to my understanding would be a reason not to renew, but I can not prove that the CCJ had any impact on my renewal. 

Is that just something you are assuming, or do you work in a sector where it is relevant such as financial services or law?

yoyobob said:

I managed to secure another role, I did inform the new company at the start of the recruitment process of the CCJ placed open my file in error. During the vetting procedure I was informed that I would not be able to work as I had a CCJ on my credit file.  It took nearly 2 months, of phone calls and emails before the CCJ was removed. I eventually started the new role nearly 2 months after the offer. Am I entitled to be compensated for the delayed start.

Unfortunately I think not as compensation is rarely awarded, although you might find that the company will be willing to engage in a small "gesture of goodwill" payment if you raise the matter with them. I think link and the maybe's are too many to allow you to make a claim, but I would advise you to speak to Citizens Advice who can probably give you a better response. 

sourcrates

All quite vague, yet intriguing information, an "organisation" "serving a bill" "official channels" etc etc.

What do you do for a living that requires you to have a clean credit file, it must be something of a financial nature.

The devil is in the detail you see, however, you say yourself that -

"I can not prove that the CCJ had any impact on my renewal".

Usually you would deal with such matters yourself via a set aside application, in which you would ask the claimant to pay costs if you were successful, but that ship has now sailed, and I assume the CCJ was removed by them obtaining a set aside by consent, which again, I assume you agreed too ?

So an application through MCOL would likely not succeed, but a letter to the organisation concerned, detailing your perceived loss because of their error, may provoke a small "gesture of goodwill" payment, probably £50-£100, something of that nature.

yoyobob

MattMattMattUK said:

yoyobob said:
I informed them that the bill had been paid and requested  they apply to remove the CCJ at the earliest opportunity. 

CCJs are not removed because they are paid, they are marked as satisfied. 

yoyobob said:
An organisation applied for a CCJ against me, after not using the correct address to serve details of a bill. As I was unaware of the bill, the bill was left unpaid. Once I was aware of the CCJ following a review my credit score, I pad the bill and informed the organisation that since they had not used the correct address details I was unaware of the bill.

The organisation have my mailing address, via official channels and other engagements with different departments. I was in conversation with the organisation for a number of different issues via phone and email. The organisation have on file my other contact details. The organisation requested that I prove that I had provided them a mailing address for the specific department. A few years before the incident, I had provided a form where I registered my mailing address (which I had hand delivered) and I also emailed copy. I provided the organisation details of the form I had sent a few years back. Representatives from the organisation apologised, provided me a letter stating the CCJ was a result of an administrative error and mentioned they would get the CCJ removed. I informed the organisation at the time, that a CCJ prevents me from working.

If they have admitted that it was their fault and you have it in writing then you can get it removed yourself, although it would cost you, you could then apply to them via small claims for that cost to be reimbursed. Though it is much easier if they do it.

yoyobob said:
I informed the organisation at the time, that a CCJ prevents me from working.

I spent many months trying to get the CCJ removed in contact with the organisation and their legal representatives, via phone and email. I was not renewed in the role I was in at the time, that was 2 months after I requested the removal of the CCJ. A CCJ on my file to my understanding would be a reason not to renew, but I can not prove that the CCJ had any impact on my renewal. 

Is that just something you are assuming, or do you work in a sector where it is relevant such as financial services or law?

yoyobob said:

I managed to secure another role, I did inform the new company at the start of the recruitment process of the CCJ placed open my file in error. During the vetting procedure I was informed that I would not be able to work as I had a CCJ on my credit file.  It took nearly 2 months, of phone calls and emails before the CCJ was removed. I eventually started the new role nearly 2 months after the offer. Am I entitled to be compensated for the delayed start.

Unfortunately I think not as compensation is rarely awarded, although you might find that the company will be willing to engage in a small "gesture of goodwill" payment if you raise the matter with them. I think link and the maybe's are too many to allow you to make a claim, but I would advise you to speak to Citizens Advice who can probably give you a better response. 

sourcrates said:

All quite vague, yet intriguing information, an "organisation" "serving a bill" "official channels" etc etc.

What do you do for a living that requires you to have a clean credit file, it must be something of a financial nature.

The devil is in the detail you see, however, you say yourself that -

"I can not prove that the CCJ had any impact on my renewal".

Usually you would deal with such matters yourself via a set aside application, in which you would ask the claimant to pay costs if you were successful, but that ship has now sailed, and I assume the CCJ was removed by them obtaining a set aside by consent, which again, I assume you agreed too ?

So an application through MCOL would likely not succeed, but a letter to the organisation concerned, detailing your perceived loss because of their error, may provoke a small "gesture of goodwill" payment, probably £50-£100, something of that nature.

Thank you for the response. The judgement was set aside with costs so it is no longer on my record as you have mentioned. But the delayed start impacted me financially and imho affected my credibility. This issue was not due to anything I had done. If I had not found proof, then the judgement  would have remained on record for 6 years, effectively career ending which might sound dramatic. I think it is wrong that an organisation can potentially ruin a livelihood by profiting from predatory actions, damaging   a  credit score without ensuring they had open communication channels.

yoyobob

MattMattMattUK said:

yoyobob said:
I informed them that the bill had been paid and requested  they apply to remove the CCJ at the earliest opportunity. 

CCJs are not removed because they are paid, they are marked as satisfied. 

yoyobob said:
An organisation applied for a CCJ against me, after not using the correct address to serve details of a bill. As I was unaware of the bill, the bill was left unpaid. Once I was aware of the CCJ following a review my credit score, I pad the bill and informed the organisation that since they had not used the correct address details I was unaware of the bill.

The organisation have my mailing address, via official channels and other engagements with different departments. I was in conversation with the organisation for a number of different issues via phone and email. The organisation have on file my other contact details. The organisation requested that I prove that I had provided them a mailing address for the specific department. A few years before the incident, I had provided a form where I registered my mailing address (which I had hand delivered) and I also emailed copy. I provided the organisation details of the form I had sent a few years back. Representatives from the organisation apologised, provided me a letter stating the CCJ was a result of an administrative error and mentioned they would get the CCJ removed. I informed the organisation at the time, that a CCJ prevents me from working.

If they have admitted that it was their fault and you have it in writing then you can get it removed yourself, although it would cost you, you could then apply to them via small claims for that cost to be reimbursed. Though it is much easier if they do it.

yoyobob said:
I informed the organisation at the time, that a CCJ prevents me from working.

I spent many months trying to get the CCJ removed in contact with the organisation and their legal representatives, via phone and email. I was not renewed in the role I was in at the time, that was 2 months after I requested the removal of the CCJ. A CCJ on my file to my understanding would be a reason not to renew, but I can not prove that the CCJ had any impact on my renewal. 

Is that just something you are assuming, or do you work in a sector where it is relevant such as financial services or law?

yoyobob said:

I managed to secure another role, I did inform the new company at the start of the recruitment process of the CCJ placed open my file in error. During the vetting procedure I was informed that I would not be able to work as I had a CCJ on my credit file.  It took nearly 2 months, of phone calls and emails before the CCJ was removed. I eventually started the new role nearly 2 months after the offer. Am I entitled to be compensated for the delayed start.

Unfortunately I think not as compensation is rarely awarded, although you might find that the company will be willing to engage in a small "gesture of goodwill" payment if you raise the matter with them. I think link and the maybe's are too many to allow you to make a claim, but I would advise you to speak to Citizens Advice who can probably give you a better response. 

Thanks for the response. I think compensation is just and fair since the organisation made no attempt to contact me. I work in an area where CCJs are a barrier to entry, which is the bar that is set. My compensation request is to cover  the 6 -7  weeks I had to sit on the bench.

MattMattMattUK

yoyobob said:

MattMattMattUK said:

yoyobob said:
I informed them that the bill had been paid and requested  they apply to remove the CCJ at the earliest opportunity. 

CCJs are not removed because they are paid, they are marked as satisfied. 

yoyobob said:
An organisation applied for a CCJ against me, after not using the correct address to serve details of a bill. As I was unaware of the bill, the bill was left unpaid. Once I was aware of the CCJ following a review my credit score, I pad the bill and informed the organisation that since they had not used the correct address details I was unaware of the bill.

The organisation have my mailing address, via official channels and other engagements with different departments. I was in conversation with the organisation for a number of different issues via phone and email. The organisation have on file my other contact details. The organisation requested that I prove that I had provided them a mailing address for the specific department. A few years before the incident, I had provided a form where I registered my mailing address (which I had hand delivered) and I also emailed copy. I provided the organisation details of the form I had sent a few years back. Representatives from the organisation apologised, provided me a letter stating the CCJ was a result of an administrative error and mentioned they would get the CCJ removed. I informed the organisation at the time, that a CCJ prevents me from working.

If they have admitted that it was their fault and you have it in writing then you can get it removed yourself, although it would cost you, you could then apply to them via small claims for that cost to be reimbursed. Though it is much easier if they do it.

yoyobob said:
I informed the organisation at the time, that a CCJ prevents me from working.

I spent many months trying to get the CCJ removed in contact with the organisation and their legal representatives, via phone and email. I was not renewed in the role I was in at the time, that was 2 months after I requested the removal of the CCJ. A CCJ on my file to my understanding would be a reason not to renew, but I can not prove that the CCJ had any impact on my renewal. 

Is that just something you are assuming, or do you work in a sector where it is relevant such as financial services or law?

yoyobob said:

I managed to secure another role, I did inform the new company at the start of the recruitment process of the CCJ placed open my file in error. During the vetting procedure I was informed that I would not be able to work as I had a CCJ on my credit file.  It took nearly 2 months, of phone calls and emails before the CCJ was removed. I eventually started the new role nearly 2 months after the offer. Am I entitled to be compensated for the delayed start.

Unfortunately I think not as compensation is rarely awarded, although you might find that the company will be willing to engage in a small "gesture of goodwill" payment if you raise the matter with them. I think link and the maybe's are too many to allow you to make a claim, but I would advise you to speak to Citizens Advice who can probably give you a better response. 

Thanks for the response. I think compensation is just and fair since the organisation made no attempt to contact me. I work in an area where CCJs are a barrier to entry, which is the bar that is set. My compensation request is to cover  the 6 -7  weeks I had to sit on the bench.

The problem is that it does not matter what you or I think, or even what the majority of the population think is "just and fair", but what the law says about liability and direct cause and effect. I expect that they will first argue that they are not liable to pay compensation and that if they were you did not attempt to mitigate your losses in the interim period, eg. work in another sector until the matter was resolved. Note that I am not saying I agree with them, nor that they may well be morally long, just that from a legal standpoint it is unlikely that they are liable for anything. However, to get a proper answer you will likely need professional advice, I would start with Citizen's Advice, or possibly ACAS, but you might need to speak to a solicitor to be sure if you have any options or not.