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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47863
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been employed by a major bank 2years ago, relocated

Resolved Question:

I have been employed by a major bank 2years ago, relocated form London to Cardiff to work for them in august 2012; my boss bullied me, I had been on sick leave and then decided to leave the company in may 2013; I was then paid two more months, I have assumed that was part of the HR process, I was not contacted by them in nay way, they had my email address, tel number and last address; As I was moving jobs, part of my screening process I just found out that they have raised a CCJ against my name at my old address in London for the two month overpaid salary (covering June- July2013) on 1 st of April 2014; I need help to set this CCJ aside and to negotiate with them paying back the money, having this CCJ on my name for six years is not an option...I would paid if I knew
they were claiming anything from me, I work in financial services ;Can you help?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.

Ben Jones :

What do you hope to achieve please?

Customer:

I want to have the ccj setaside , preferably with the bank's consent and arrange with them out of court to pay my former bank/employer, and clear this asap, so i can start my new job

Ben Jones :

OK, thank you, ***** ***** this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you

Ben Jones :

Many thanks for your patience. If you were genuinely overpaid by your employer and this was not money to which you were legally entitled to then that will be something they can pursue you for and you would be expected to repay them. There are limited circumstances when you can try and challenge such a claim, for example you did not know you were overpaid and have since changed your position as a result of having this extra money, but that means going out of your way to make spendings which you would not normally make (so it will not include bills, mortgage, everyday shopping, etc) and you would also have to go to court to plead your case.

Assuming you accept this was money you should not have received and just want to pay it back, you need to contact the employer and arrange with them some form of a repayment agreement, whether a lump sum or periodic repayments. Once the repayment has been done you can make an application to mark the CCJ as satisfied, although it would still remain on the register for 6 years. This is not as bad as having an unsatisfied CCJ though because at least anyone who sees it would know that the debt has been repaid and that you do not have any outstanding debts and CCJs against your name. You will need to contact the court to advise them that the debt has been repaid, provide proof of this and ask them to mark it as satisfied on the Register.

Hope this clarifies your position? If you could please let me know that would be great, thank you

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