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Dear Sir/Madam,

 

I work in health care.

While working I received a phone call from enforcement officer who had court order to seize my assets to recover debts.

 

 

Now having said this, let me begin with this

- never asked for any debts and nor have borrowed any money from banks.

I still don't even own car or house. Fortunately no educational loan either.

 

Following this initial shock and support from senior colleagues who understood my situation kindly offered to help and contacted the officer.

Came to realise that there was overpayment from nhs in 2012 for which they had send notifications and orders to Old address

which again is staff accomodation no longer lived since 2012. The court sent enforcement officer to seize my debt.

 

Further to this, it was myself who contacted my employer in 2012 that they were paying me when I was not working any longer for them.

I was waiting to pay them back.

 

After 2012 , I had changed 4 addresses due to work and this organisation never bothered to ask me or obtain information.

They seem to have been corresponding to old address and then sent notifications from the court to the same address

and court sent bailiffs behind me.

 

 

After all this they found me in some other address and called me with threatening messages to seize my assets ( dont have much ).

 

Now in the eyes of the court I have to pay interest and court charges for no knowledge of what was happening with sudden bolt from blue.

 

They have messed up my credit report and asking me to pay private solicitors because the stage is too late.

I am lost for words here.

Also type - 'Barts overpayment error' in google please ( it s not letting paste link here )

 

This trust is notorious for bullying and harassment of staff members ( please type Barts nhs bullying) - it affected my personal health too.

 

My points are

- I definetly owe this overpayment,

I had decency and courtesy to tell them they overpaid

and was waiting for them to contact me either by email instead of sending notifications to wrong address

( staff accomodation where they can physically check If I still lived or not

and tried to send me notifications before Enf Officer embarassing presence

and unnecessary tensions created in life for which I had to take leave resulting in thin staff in already overstretched nhs.

Edited by Unfair system
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Did you tell barts your new address each time you moved?

The onus is on you to tell the creditor you have moved, not for the creditor to keep tracking you down.

 

No I did not. They neither thanked for openly admitting that error which occurred on their behalf. I did not ask for any debt. If my understanding is right - onus falls on somebody who overpaid which never asked and never wanted. I was more happy to pay back if they had contacted me directly over email or through professional agency which will have all the details.

 

I would also like to add here. I was one of whistle blower after 2012 in nhs for a bad trust for poor care . I was bullied and harassed - they tried to destroy my career so I had no joy 2012 until 2014 when I stopped working for these bad trust ( under special measures for patient deaths ).

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No I did not. They neither thanked for openly admitting that error which occurred on their behalf. I did not ask for any debt. If my understanding is right - onus falls on somebody who overpaid which never asked and never wanted. I was more happy to pay back if they had contacted me directly over email or through professional agency which will have all the details.

 

Normally with contracts of employment, you agree to allow the employers payroll department to claim back any overpayment from your bank account. The question is why they did not do this and ended up gaining a court judgement.

 

Do you still work for the NHS ?

 

If you have no assets and want to repay the overpayment, you could agree with the bailiff for an attachment to earnings where they claim back an agreed sum from your wages each month.

 

The other slight possibility is to apply to the court to set aside the judgement on the basis of Barts making mistakes and if this is accepted, the CCJ could be removed and you could agree repayments options with Barts. There is a court fee of £155 for the set aside application and you should be aware that it might be refused/contested.

We could do with some help from you.

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Yes, I do work for nhs. But I keep very low profile and try to heal my wounds after bullying and harrassment.

 

If your current HR dept know what happened at Barts, they may be able to help you. If you are in a Union, you may have legal assistance through them, so should look into it.

We could do with some help from you.

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If your current HR dept know what happened at Barts, they may be able to help you. If you are in a Union, you may have legal assistance through them, so should look into it.

 

Yes, I contacted BMA who said stage is too late and I need legal help. Tried contacting solicitors who were charging massive amounts.

Contacted high court clerk explained how silly that the order still has old address and send enforcement officer to current one. So she tells me to obtain stay order and send all the emails and council taxes I lived as proof and they may consider relooking at this.

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Are you now saying that after a CCJ has been registered against you they have no decided to enforce it by the use of High Court Enforcement Officers?

I have no idea what these terminology mean. But thats what even the enforcement officer sounded saying like. I openly challenged all of them with regards to common sense approach to a problem than the nuisance appoach having devastating impact on my career including that I was dealing with sickest patient in intensive care when I received a call from officer to send me into state of shock and confusion which I went into asking my colleagues to take over.

 

I am lost for words - is nt legal system be fair

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As mentioned in the thread I went into state of shock and obvious from my speech over the phone with Enf Officer as I told him it was dangerous to do what he did while I was in the middle of serious work and also asked him if he or ( ministry of justice ) will be responsible for patient care if something happens and also that how badly their decisions could affect my career. By then he was near a different town and could nt hand over physically the document.

Today, I contacted county court who sent me some e-document.

 

Further, I spoke to Barts credit control department who said my credit rating will be unaffected if I pay 13000 pounds which include interest rates and court fees

 

Any charitable legal institution to help me with this nonsense.

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Any charitable legal institution to help me with this nonsense.

 

Not really sure what you mean by this comment.

 

It is hard to say too much as so much is missing - one of the reasons for the questions I posed in Post 12.

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Not really sure what you mean by this comment.

 

It is hard to say too much as so much is missing - one of the reasons for the questions I posed in Post 12.

 

They cannot and should'nt have done anything like this behind my back and drop a bomb shell on me. I never at any point of time did I refuse and decline or do anything else. Also what else is missing ( received e-document from court clerk or admin today )

 

I am also planning to meet local MP with all the proof I have including my email to Barts and Council taxes to proove my addresses.

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Unfair System, English isn't your first language is it? So a lack of understanding of our ludicrous Enforcement system will be a certainty It has obviously shocked you, so Caggers can we consider this when framing advice.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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A £13,000 overpayment?

 

You can try the local MP, but you really need to try and get this back into court.

 

You cant blame the EA for ringing you while you were with a patient. He would not have known. And you could quite easily have hung up on him and text him later.

 

Again, its not there job to chase you between addresses, its your job to inform creditors about moving house. And this is a debt you knew about do you should have told them.

 

As said, an application to the court to stay the writ and asking for a new hearing might work, but you need to take control of this and sort it out, as, without trying to sound rude, you appear to be trying to blame tom dick and harry for this, when in effect its your debt to deal with.

 

As for the contract stating that they can take money direct back out of your wages, have you changed hospitals etc as that would change the paying authority so they would have struggled to take payments direct?

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A £13,000 overpayment?

 

You can try the local MP, but you really need to try and get this back into court.

 

You cant blame the EA for ringing you while you were with a patient. He would not have known. And you could quite easily have hung up on him and text him later.

 

Again, its not there job to chase you between addresses, its your job to inform creditors about moving house. And this is a debt you knew about do you should have told them.

 

As said, an application to the court to stay the writ and asking for a new hearing might work, but you need to take control of this and sort it out, as, without trying to sound rude, you appear to be trying to blame tom dick and harry for this, when in effect its your debt to deal with.

 

As for the contract stating that they can take money direct back out of your wages, have you changed hospitals etc as that would change the paying authority so they would have struggled to take payments direct?

 

Thank you for your email. I am not blaming any body including myself. I never asked for loan thats point number one. The overpayment is their error. I had courtesy to let them know and stop it. To use creditors and debtors they never were and are any banks.

 

I contacted them over email to let them know over email and they took details of my last day of work over email. Never bothered to thank and say could we please negotiate in getting back. English may not be my native language but that is no reason for some body to use the existing system to maintain fairness in society just because this hospital can pay money to do that. At no point of time did they try to reach me. In health care system they can always get to details of their ex-employees through various means without resorting to this nuisance.

 

Sure, with regards to EA , the words they started over the phone were like this " We are EA and here to seize your assets on basis of court order " Bolt from the blue . Never faced situation like this in my life.

 

Link below for you -- BBC website

 

http://www.bbc.co.uk/news/uk-england-london-20920740

 

As an anology to make it clear what situation I was when I received phone call would be -- Firefighter fighting an emergency at hand and phone rings to give message like that. My adrenaline was at the peak to deal with patient situation.He could have asked if he was speaking to right person and pass the right information. Is this not courtesy ? in this country.

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Eh?

 

They are saying that the HCEO should not have phoned a hospital, because that member of staff may have been trying to save patients life's.

 

A reasonable point, but i am not sure what guidelines HCEO's have to follow in regard to communications at debtors workplaces related to private debts.

 

Think they need legal help local to where they live, as English is not their first language and they should be looking to make applications to the court to stop current actions.

We could do with some help from you.

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A Stay of execution and Variation order that will allow affordable payments. One for Grumpy, how do EA's in general deal with people whose first language is not English?

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Thank you for reply. Whole process is very stressful including financial demands and at the breaking point.

 

I have plenty of things to catch up on the top these . Essential services being affected by blindly allowing some people who knows how to use the system ( Barts credit department ) and court without even thinking the consequences that may have at my life and my work.

 

To say -- ' public system shooting itself in foot'.

Edited by Unfair system
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Hospital payroll systems only have the address that you have given them, they CANNOT access any other addresses with other organisations such as tax etc. They will have a record of your previous addresses if you have told them you have moved. I know because I have worked on payroll systems in the NHS.

 

It sounds as if this needs a set-aside to give you a chance to repay the original amount overpaid. Are you sure it is an overpayment as when you leave in the NHS you have a last day of service which is the last day you worked, and there are various payments which can go through up to three months after you leave - especially if you are on a 6 week rota system.

 

For Barts to have used court they must have had good reason to chase you using that method, it would be expensive for them to use this method and they would have to prove that all other methods of getting a repayment had failed.

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For Barts to have used court they must have had good reason to chase you using that method, it would be expensive for them to use this method and they would have to prove that all other methods of getting a repayment had failed.

 

Pasting a link from BBC to show you how bad the problem is - I know it is not easy to beleive me ( but many solicitors are saying they are following the norms )

 

http://www.bbc.co.uk/news/uk-england-london-20920740

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Barts are following the norms. If you want help i.e to talk to someone, you could phone National Debtline and they will tell you the court forms to complete. Then you just take them to the court. They can put matters on hold and you can seek a proper repayment arrangement.

 

I think you are better speaking to someone.

 

https://www.nationaldebtline.org/

We could do with some help from you.

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Unfair, I strongly suggest you follow Uncle Bulgaria's advice in order to stop the Enforcement Officer.

 

With regards the Officer himself, he will continue to visit/phone whilst the Writ is outstanding, it is no good telling him you are applying for a Stay, only when the Stay has been accepted by the Court will he stop, so until that point, keep the doors to your current home locked, even when you are home. If he visits whilst you are home, you are not obliged to open the door to speak to him, and it is not unknown for even High Court Officers to try and force the way past into the house, if they think they can get away with it, so you are better off speaking to them through a window, especially as you don't yet understand your rights, and their powers. I would also strongly suggest recording all contact with the video recorder on your phone.

 

No matter how upset you get, do NOT lose your temper and try and attack them - if he tries to call your bluff and calls Police to attend, they can only be there to stop any Breaches of the Peace, they cannot arrest you to allow the Enforcement Officer to gain entry to the home, so no matter how angry you are, keep outwardly calm, discuss peacefully, and stay in the house, as I say speaking through a window, preferably.

 

If you share your home, and your housemate/s have a car, it would be easier if they keep it away from the property until you get the stay, just to stop the EO from assuming it is yours and taking it.

 

The fact that this trust has a track record of overpayments does not matter, they have used their legal right to go to court for a CCJ, and have then upgraded it to the High Court, allowing a High Court Enforcement Officer to take the case, so he is behaving lawfully.

 

Quite surprised they have forked out the cash for a HCEO, as despite what he may try and tell you in the hope you believe him, he has no more powers when dealing with a personal debt at a residential property than a normal county court bailiff/enforcement agent. If however you leave a door unlocked, when he turns up, he is legally entitled to enter the property, at which point he will levy all your assets, such as TV, and either create a repayment plan, or take it all for auction.

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The story you quote is from 2013, this is now the middle of 2015 - how come you haven't directly contacted them again to let them know where you are in all that time. Part of the blame on this must lie with you ignoring things and hoping they will go away.

 

Pasting a link from BBC to show you how bad the problem is - I know it is not easy to beleive me ( but many solicitors are saying they are following the norms )

 

http://www.bbc.co.uk/news/uk-england-london-20920740

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