Ccj From Ex-employer

justin_case

Hi to all,

Can you help me please ?
I have received a CCJ from my Ex employer for £3000.00 . This is because they overpaid me over the time i worked with them. The amount accumalated over 2 years believe it or not and they didn't notice until i decided to leave !!! I honestly never had a clue. I was paying this off a little a time £25.00 per month until a short while ago as i couldn't afford to pay.

I work but don't have anything left to give. My house and other cumpulsary commitments simply wont allow it ie mortgage /secured loan/living day to day.
To be honest am probably going bankrupt soon as i have 30k debts

Q: What will happen if i don't reply and ignore it ?
Q: What will happen if i reply and in the expenses form it clearly shows i dont have anything to give?
Q: Who will pay the court costs ( i think so far it is £75.00)

Help much appreciated.

RAS

Welcome

Others will come on and advise on the CCJ, but in the mean-time, it would help if you list your income and expenditure

see here http://forums.moneysavingexpert.com/showthread.html?t=107280

Nilrem

Did you receive court papers etc prior to it being issued?

From what little I know the court cannot set the payment level at something more than you can afford, and as such you should have received both papers asking for your side of the story as it were) prior to it going to court, and papers asking for a copy of your income/outgoings so the repayment level could be set at realistic amount.

If you ignore it and the court awards in the old employers favour and you ignore the repayments (or cannot afford them), they can send in the bailiffs eventually (filling in the income/outgoing form helps the court set the payments at a level that is affordable, even if it's only very small amount a month).

justin_case

Sorry the payment terms were set via my ex-employer through a means tested form.
Thanks

Alfie_E

justin_case wrote: »

I have received a CCJ…

Is this the court paperwork for your ex-employer starting a claim or has this already gone through the court, you’ve lost and received a judgement against you?

justin_case wrote: »

The amount accumalated over 2 years believe it or not and they didn't notice until i decided to leave !!! I honestly never had a clue.

A claim like yours can be defended. Courts don’t punish people when they have “acted in good faith.” All of the following would need to be true.

1. You didn’t know there was a mistake.
2. You couldn’t reasonably have been expected to know there was a mistake.
3. Putting right the mistake will cause you financial hardship.

You’ve already said that the first and last points are true. Is the second one also? In a situation where all three are true, a court may well tell the claimant, your ex-employer, that it’s tough and they’ll have to be the ones to lose out.

If the claim is on-going, you should seek some more advice. You could try Citizens Advice. This is certainly important, if it could make the difference between you going and not going bankrupt later on.

justin_case

The court paperwork is my ex-employer starting a claim as i failed to keep up payments.

Thanks