NHS claiming back alleged overpayment of wages

oxtray

Hi,

my husband used to work for the NHS, he was off sick for a while with anxiety/depression and an inner ear problem which meant that he could not work in the operating theatres any more.

After about 6 months and many meetings he decided that he should leave and his department agreed. He had been on sick pay. During this period agenda for change was implemented but had not been updated in peoples pay until around the time he left. When he left he was told he'd be paid any outstanding holiday pay and an additional amount re notice etc. He left April 2007, and the money was paid into his account.

He thought it seemed generous and so phoned for a breakdown, this was not supplied and so he called again on several occasions and was told that the extra amount was probably due to the agenda for change and to not worry about that so he left it. Then about a year after this he received a letter saying that they had over paid him by £524, he contacted them and they insisted that it was due but couldn't explain how it had been overpaid, then he just received monthly statements of this. They have now forwarded the 'debt' to a company called CCI legal who are now threatening legal proceedings!

What should we do? Can they issue proceedings against my husband? How can we dispute this?

any advice would be much appreciated!

Apolonation

Well the fact you thought it was generous suggests it probabally was an overpayment, if you think it was, the simple thing to do is probabally pay it back. Can't see the point of going to court if you think it's a legitimate overpayment.

DVardysShadow

How can you dispute it? Well you can't because they have not put up enough to prove it. You should already have written and have a file.... if you have not written yet, you should ask them for a complete breakdown of the alleged sum owing. When they come up with this, you can work through it. If they don't come up with it, but take you to court, you will be glad you have sent the letter and kept a copy

oxtray

I think the main issue we have is that at the time we queried it and was reassured that it was not an overpayment and so we used the money. I know in the grand scheme of things £500 is not a huge amount to pay back but we now have a new baby and financially things are tight. If they had said at the time it was an overpayment when we had the money we would have paid it back no problem but they said it wasn't and have now back tracked...

DVardysShadow

You should have either got it in writing or written back to record their advice.