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Ade65
Junior Member
187 Posts |
 Posted - 22 October 2008 : 15:38:14
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Hi,
I made myself bankrupt in July this year. Today I have just had a letter from my former employer, Sheffield City Council, telling me that if I don't pay them back some overpaid salary within 14 days they will take me to court.
This overpayment of salary dates back to July 2007, when I worked one week for them. They paid me until the end of the month, so there was an overpayment. However, at the time I didn't notice this as I was putting money from my credit cards to my bank account for normal household use, and I never received a payslip so I wasn't aware until they first queried it (I wasn't receiving bank statements at the time so didn't spot it that way either).
I have had some correspondence with them, late last year and in January this year, and pointed out that the overpayment was their fault as they knew when I had left, and it was before the salary-run date so they could have paid correctly and that failure to do so was down to their internal errors/systems, and that if they had issued me a payslip as legally required, I would have known about it. I was in no financial position to pay back at that time.
Since January this year I have heard nothing, so assumed it was written off. Obviously if I had known it wasn't closed, I would have included it in my bankruptcy information.
What is the position now, does anyone know? As it was an extant debt at the time of my bankruptcy it presumably should have been included then....so what do I do know? Do I write to the Council explaining this, do I copy the OR in, or is there something else I should do?
I am shocked that after my last letter to them, 20 Jan 2008, they have taken all this time to reply.
Any advice welcomed.
Thanks,
Ade |
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Jo.
New Member
76 Posts |
Posted - 22 October 2008 : 15:40:55
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Hi Ade
I take it you have not been discharged as of yet so basically you could contact your OR and explain this to them.
I would say that this should be included and as long as you have been billed for it and have proof copy this and forward down to your OR as soon as possible.
That way it should be included in your debts.
Jo
www.Bankruptcyhelp.org.uk
0800 078 9367 |
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 22 October 2008 : 16:29:44
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Hi Ade
You need to advise the official receiver regarding this new claim ( which technically you were aware of prior to petition) but believed to have been concluded.
You should also write to the Council and advise them of the financial position and if possible send them a copy of the Bankruptcy order.
take care
Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
www.revivauk.com |
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Ade65
Junior Member
187 Posts |
Posted - 22 October 2008 : 20:42:38
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Thanks for that; I've also just received a letter from the WEA asking for payment for a course I did in April....I paid for the course at the start of it, as I was awaiting the result of my Working Tax Credits application....as it turns out I was/am eligible for WTC, so need not have paid anyway; but they tried cashing the cheque after I'd gone bankrupt in July, despite them having it in April!
Guess I'll need to write to them too, and only include the OR in this if they want to chase it up.
Cheers,
Ade |
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 22 October 2008 : 21:13:27
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Perhaps they would be able to do a retro application for funds because of the WTC?
Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
www.revivauk.com |
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Jo.
New Member
76 Posts |
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Ade65
Junior Member
187 Posts |
Posted - 26 October 2008 : 11:00:00
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I will - just pulling the bits I need together and plan to post them tomorrow or Tuesday. I'll update here when I know the outcome.
Ade |
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Ade65
Junior Member
187 Posts |
Posted - 07 December 2008 : 14:25:36
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Hi,
The WEA have accepted the situation, and I've provided them with the WTC info so thay can claim any grant due to them.
The Council have acknowledged receipt of my response and say they will pass it on to their client for consideration. The payroll is run by a private company, but surely that makes the Council their client, and not the other way round, but if anything happens, I'll update again.
Thanks,
Ade |
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Outstanding debt chased up after bankruptcy
