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abd
Junior Member
284 Posts |
 Posted - 12 May 2008 : 20:50:13
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Hi it is me again, It is unbelievable the amount of contradictory information out there.I had to call the insolvency helpline to ask about going bankrupt with my wage overpayment debt to the NHS hospital.I have told by them an attachment of earning can still be enforced even if I go bankrupt.The insolvency helpline explained that by 1/ The attachment of earning will be considered within the bankrupcy as dealing with my NHS debt,so my other creditor will be dealt with through the bankrupcy 2/ my debt to the NHS is a money owed to the goverment and should be paid back even if your are bankrupt.
I know am running around and puzzled, but could somebody please
clarify this bizar situation for me.
many thanks |
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melanie_giles
Senior Member
1191 Posts |
Posted - 12 May 2008 : 22:34:02
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A debt is a debt in bankruptcy, and I can see no way that the NHS should have preferential treatment over your other creditors. Take legal advice from a propertly experienced and qualified insolvency lawyer if you doubt what you are being advised here.
For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 12 May 2008 : 22:36:29
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Hi,
The attachment of earnings is a warrant of execution on a county court judgment, this will be superseded by the making of a Bankruptcy as any disposable income you have should be used for the benefit of all your creditors not one.
I hope this clarifies the situation for you.
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk |
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abd
Junior Member
284 Posts |
Posted - 12 May 2008 : 23:27:04
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Many thanks again,
Now it sounds clear and logical,particularily putting the buzz words( disposable income , preferential treatment) in context with regard to the the concept of bankrupcy. I wonder why we lay people have to struggle that much, when asking the so called advisory bodies ,about our rights and the appropriate ways to deal with.I can not think of a better idea than these fora, where we can exchange ideas and get real support and guidance.many thanks to you all.
Abd |
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 12 May 2008 : 23:31:55
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Hi abd
i have a number of cases where an attachment of earnings orders were already in place prior to Br and were lifted afterwards. There is even a section on the nstatement of affairs dealing with these specifically - page 21 section 6.10.
Hope you are comfortable with the answers from the experts
take care
Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
www.revivauk.com |
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Helpful Advice
Average Member
United Kingdom
646 Posts |
Posted - 13 May 2008 : 10:26:59
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Hi ABD,
I agree with the other experts on here as to the attachment of earnings ending on the making of the Bankruptcy Order, however can I enquire as to the nature of the overpayment by your old employer.
How and why were you overpaid?
Over what period of time were the overpayments made?
What was the amount of overpayment?
Kind Regards,
Brett England
Bankruptcy Specialist
England,Jackman & Spacey
WebSite www.ejands.co.uk
View my personal story & blogs at:
http://brettengland.blogs.bankruptcyhelp.org.uk/ |
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abd
Junior Member
284 Posts |
Posted - 13 May 2008 : 14:06:39
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HI
It was overpaid by the employer's administrative error for a period of one year after I have left them to another job.
a net amount of £43,000.
thanks
Abd |
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pix1
Average Member
689 Posts |
Posted - 13 May 2008 : 18:40:25
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I thought we had a free health service!
Good luck. |
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Helpful Advice
Average Member
United Kingdom
646 Posts |
Posted - 13 May 2008 : 18:47:48
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Hi ABD,
I had a case very similar to this, although I stand by what the other experts have said, This was a considerable amount of money to spend and you should have informed them of the error and paid the money back, therefore you could well expect a Bankruptcy Restriction Order or undertaking if you decide to follow the Bankruptcy route
Kind Regards,
Brett England
Bankruptcy Specialist
England,Jackman & Spacey
WebSite www.ejands.co.uk
View my personal story & blogs at:
http://brettengland.blogs.bankruptcyhelp.org.uk/ |
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abd
Junior Member
284 Posts |
Posted - 13 May 2008 : 19:45:16
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HI Brett
I absolutely agree with you,and believe me this overpayment of wages and the consecutive complications had a significant impact on my life.Iam ready to take responsibility for being irresponsible,but on the price of a new start without that bitter feeling of being chased and feeling embarassed and guilty.
I have no other option ,but the BR and I hope a Restriction Order or undertaking won't last for 15 years.Even so it does worth it,and some people sharing similar feelings like mine out there may agree.I hope I do not sound like preaching now .
many thanks again |
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Helpful Advice
Average Member
United Kingdom
646 Posts |
Posted - 13 May 2008 : 22:34:59
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Hi Abd,
Bankruptcy Restriction Orders or Undertakings consist of three tiers.
1-5 years for minor offences.
6-10 Years for more serious offences
11-15 Years for very serious offences
The case I dealt with similar to your own fell within the middle bracket and carried with it a six year undertaking, but this would be down to the particular OR dealing with your case.
Kind Regards,
Brett England
Bankruptcy Specialist
England,Jackman & Spacey
WebSite www.ejands.co.uk
View my personal story & blogs at:
http://brettengland.blogs.bankruptcyhelp.org.uk/ |
Edited by - Helpful Advice on 13 May 2008 22:35:42 |
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melanie_giles
Senior Member
1191 Posts |
Posted - 13 May 2008 : 22:40:28
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And more importantly the Court who actually make the Order if the bankrupt fails to accept an Undertaking.
For an informal chat about any financial difficulties, or advice as to the options available, I can be contacted via my website - www.melaniegiles.com |
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Topic |
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NHS debt/bankrupcy
