IVA refused

[Elf]

Hi,pls help me .incured a debt through an overpaid wages from an NHS hospital(previous employer).IVA refused,and Iam left with BR option.The trust is awaiting a court attachment of earning.if I go bankrupt ,can the NHS still take money from my salary through the attachment of earning.I do not work for the same hospital any more.

[MelanieGiles]

Hi Elf and welcome to the forum

Why was your IVA refused? If you have to go bankrupt this will bring an end to the debt and the creditor will not be able to seek an attachment of earnings order.

[rockbottom]

hi Elf and welcome

you sound like you are really panicking and i know your situation must be scarey, im not an expert so im no use to you sorry, but if you post a few more details like how much you owe, how it happened and how much you could afford to pay back out of your wages and expert will answer your questions for you.

try to stay calm, easier said then done i know.

[Elf]

HI everybody
Itis a good feeling finding people to chat to about such an issue ,that is giving me sleepless nights.Allow me to shed more light on my situation.3 yrs ago I worked as a locum in an NHS hospital for 3 month.They continued overpaying me on a monthly basis for nearly a year. 2 years ago I started negotiating a solution with them to pay installment and to pay the net amount only(£42,000). the y refused and insisted on asking me to pay the gross(63,000).they went to court,I did not recieve any court forms ,and ended with a CCJ of £73,000(gross,interest and expenses).I spent 2 yeras of hell to end up in more debt with ongoing interest. I asked for advice ,IVA was an option
as I had a bank loan of £8,000 and a credit card with £370.my IP IVA proposal was refused in theory and now Iam awaiting an attachment of earnings order.I will go BR as I can not afford to more than 80,000 through the order this will take me ages .I have a young family of 3 children and a wife dependent on me.I have no assets and Iam renting.finally when I came to terms with the idea of BR ,somebody told me that tha NHS can still get the money through the attachment of earning order ,even if i go BR
I feel like Iam back to square one ,after a difficult 2 month of waiting for the IVA and two years of the debt burden.I know Iam fully responsible for my debt( I have my reasons), but I would like to move on and live a debt free ,normal life with my family.Again thank you for sharing this with me ,it is a great help.

[Viki.W]

Hey Elf, I'm sure one of the experts will have some advice for you, there is a meeting tonight but I'm sure someone will respond tomorrow. Viki X

[Soulgrowth]

Hi Elf

Just wanted to say welcome to the Forum ... and, don't worry, there's bound to be a solution.

If you could post some clearer figures concerning your actual debt and to whom and how much disposable income you have then I'm sure that one of the experts would be able to help.

Good luck

Debbie

[MelanieGiles]

My gut feeling is that if the NHS do not want to accept your IVA offer, having mispaid you for a sustained period of time, then bankruptcy is probably the best option for you.

[OPTIMIST12]

I know it is water under the bridge but - can I ask Elf - why did you not contact your employer as soon as you realised you were being overpaid to get this put right?

Did you not keep the overpayments to one side as obviously they would have to be repaid??

Sorry - just a bit confused here.

[may07]

In all honesty, Elf, is not here to be judged or expected to give reasons for choices made OR THE DEBT. WE are all in debt- its why we are here. We have acknowledged we're in trouble and have taken steps to get it under control.
May

[OPTIMIST12]

Fair point - and I am not seeking to judge. I am in no place to criticise anyone as I am in exactly the same boat as everyone else.

I am just curious as I study my wage slip every month to check everything is as it should be. Elf's post makes clear how important it is to do this to ensure that things do not go wrong and lead to the problems that Elf is now facing. This thread may well warn people of the outcome of not keeping an eagle eye on payslips etc. and avoid others reaching the same situation.

[Skippy]

I agree with May - we are not here to judge, more to help Elf find a solution.

Regarding payslips, I have no idea if my employer is paying me the correct amount - I've worked it out roughly but I have to take their word that the amount at the bottom is correct.

[elizabethr]

I had a situation where my employer overpaid me for a year and I didn't realise it - long story but the payslips are quite complicated and for me it was easy to miss - I agreed to pay back over a year as although it was their mistake I didn't have the option to argue - its your fault so you can't have it back - as I work for the civil service and its "tax payers" money. Can sympathise and understand if it wasn't noticed.

[OPTIMIST12]

Skippy -

As I read Elf's post they were overpaid £63,000 gross payments in nearly one year. Sorry - but I would have thought that that amount of overpayment would have been pretty noticeable?

[Skippy]

I can see what you're saying Optimist, but I really don't think we should judge - we don't know the full story.

[ianmillington]

It does rather look inevitable that you will need to go bankrupt. Before you do, however, can I recommend you check your employment contract to see if that affects your job in any way?

Ian