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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I worked for a company and was made redundant. I received my

Customer Question

I worked for a company and was made redundant. I received my redundancy package but they paid me too much. After some time they asked for these funds back. I had agreed to make a monthy payment until this was cleared off. A couple of months ago they said they wanted a charge over my property until this was paid in full. I have had difficulty in finding a solicitor to give advice. Then out of the blue I have received a ccj order for the full amount. They have also gone to court and land registry. I did not received any notification from the court before the CCJ was applied and only new this when the notice came in the post. I have sought advice from the Citizens Advice and they asked me to complete an appeals form to the court. I have done this but not had a reply. I have also written to the emploer and asked if this outstanding amount could be taken from my pension fund with them. I have had no reply. I just need some guidance, Please!!
Submitted: 4 years ago.
Category: Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. How long did you work there please?

JACUSTOMER-ffy9m199- : Hi Ben.
JACUSTOMER-ffy9m199- : Hi Ben
JACUSTOMER-ffy9m199- : hi Ben. I will get this and more information to you this afternoon when I finish work. I will reply about 4.00pm. Thank you johanne
Ben Jones : Thanks, I have considered this in more detail and do not believe it is actually something I can assist with as it is more civil litigation than employment law. I will have to opt out and allow other experts take over if they can help. No need to reply in the meantime as that will just lock the question back to me, thank you
Expert:  Ash replied 4 years ago.
Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return. For now please let me know what is the amount?
Customer: replied 4 years ago.

HI Alex


I dont know if you received the earlier email as I have had an error reply.


The original amount was £29109.35. I have had a CCJ placed on me now for £33839.52 which is costs, balance and interest.

I had an agreement to pay £50.00 per month as this was the employer fault.

I have been paying this monthly. I have a land registry notice to deal with now as well before noon 28th August.


The reason for miscalculation of redundancy package was:

I started employment in 1985 and was made redundant 1st time 2002. Then made redundant 2nd time. On calculating my package they took my 1st start date of 1985 and not the second start date of 2006.


If there is anything else I can give you please let me know.





Expert:  Ash replied 4 years ago.
Is it is a result of a charging order that the notice has been given to land registry? Did the ccj allow for monthly repayments?
Customer: replied 4 years ago.

Yes I think there was a charging order.


I did not get an appeal letter form N245. I was only told that I should have had this from citizens Advice. I have since printed a copy and sent to the court but as yet nothing back.

The CCJ does not state anything about monthly payment, but that I must pay the amount in full.

Expert:  Ash replied 4 years ago.
Thank you. Sadly there is very little you can do about this. The ccj is likely to be for the full sum if it mentions nothing about monthly payments. What you could have done at that stage is apply to the court to vary the order so that you pay monthly, then the claimant would not have been able to take any enforcement action. But as you did not then they are at liberty to apply for a charging order. Unless you have a letter from the employer saying they will accept £50 a month they can apply for a charging order. If you do have that letter then you should attend the hearing later this month, show that you have an agreement because of their error and ask that the application for a charging order is dismissed and the original ccj is varied to reflect £50 a month. Otherwise if you do not have the letter all you can so at the hearing is ask that any enforcement action be suspended as long as you pay £50 a month. This means that if you continue to pay £50 a month then they can not do anything further.

But if you do have a letter from the employer agreeing to £50 a month ask that the charging order is dismissed and then the original ccj amended to reflect this. I trust this fully resolves your question and if so could I invite you to take a moment to rate my service, as your feedback is important to me. If you need further information or help then please click rely. Alex