Limitations Act 1980

Dramatherapist

I am and NHS worker with one dependent. I have been told to pay back and overpayment in wages under the Employment Act. However, the first monthly overpayment was six and half years ago but accumulated to £11,500. How does the limitations act affect this? Furthermore, i been told they will deduct £141 next seven years. I should be retiring next year. The amount and that of the over payment equals £300 monthly deductions. I only have about £10 expendable income, no running hot water, no heating etc. etc. The will reduce the debt by 25% if I agree to a repayment plan, but this is a limited offer. It has been suggested I go for bankruptcy. However, this will instantly deactivate a professional pin and can no longer work. Any help greatly appreciated.

Dramatherapist

I am and NHS worker with one dependent. I have been told to pay back and overpayment in wages under the Employment Act. However, the first monthly overpayment was six and half years ago but accumulated to £11,500. How does the limitations act affect this? Furthermore, i been told they will deduct £141 next seven years. I should be retiring next year. The amount and that of the over payment equals £300 monthly deductions. I only have about £10 expendable income, no running hot water, no heating etc. etc. The will reduce the debt by 25% if I agree to a repayment plan, but this is a limited offer. It has been suggested I go for bankruptcy. However, this will instantly deactivate a professional pin and can no longer work. Any help greatly appreciated.

marcia_

 It's probably best to keep your questions in one thread to a confusion and duplication 

Flugelhorn

if you only have £10 expendable income then are you getting all the benefits you should ? Do you have an NHS pension due ?

EnPointe

i think the OP may be confusing  being a Member of the  Professional body's Governance Council  and  Maintaining Registration. 

i've done  some checking and being bankrupt  odes not in itself pose a  Ftiness  to Practise issue., however the corcumstances may have an impact as might  the reasons the creditors asked for your bankruptcy. 

fatbelly

There doesn't seem to be any threat of court action so I'm reluctant to exercise my brain on whether this would be covered by the Limitation Act. If there's been a 6-year gap, it might be. But it sounds like the overpayments have been every month to the present day. We would also have to determine the 'cause of action'. That may well be not the date the overpayment was made but the date it was discovered. Also sometimes called Date of Knowledge.

If they are proposing to deduct from ongoing wages, have you checked this from an employment law perspective? I'd run it past the ACAS helpline before you consider drastic alternatives.

Are you in a union?

The next issue will be what they do when you retire. I would not rush into any form of insolvency. Certainly not yet if you have no other debt


If you ever get to the stage of defending a court claim you will need a specialist solicitor

Dramatherapist

Thank you. The discovery of the overpayments was last month. It was a monthly overpayment for Six years eight months. My income in the main is less than outgoings, despite £60pm dual fuel as we don't use it. My partner unable to get bank account so has credit union. Just recently cleared debt of 40k which arose when undertaking a return to nursing course for eighteen months with no income.All you get in assistance is £100 one off payment for study materials ten years ago The dip in salary is the £141 overpayment and £142 repayment. This will mean pay gap £300 less and other payments such as bills will be affected. I was told employment act and salary claims out trump the statute limitations by employer. Also the can impose a reduction and don't have to agree a repayment plan.

 The pin issue is on NMC on document entitled registrant disqualification criteria NMC. 

I retire in Nov 2066 at 60 using last salary scheme called mental health officer status.

Dramatherapist

Also not entitled to benefit.IFA stated to use pension lump some to clear any debt.This debt is proposed to still being recovered in retirement. £141 monthly for seven years. The same time scale the £11,500 debt was accrued. 

ManyWays

 I should be retiring next year
but
I retire in Nov 2066
was that a typo for 2026? If it is, what lump sum could you get then? 

Talking to your union is often a good idea.

What other work options do you have, is there anything non NHS that you would be qualified for? Are you planning to work after your retirement age? 

Who is your dependent? Why cant your partner get a bank account, are they in work? 

BrilliantButScary

Are you sure you have Mental Health Officer Status?
Were you away from nursing for more than 5 years?

https://www.nhsbsa.nhs.uk/sites/default/files/2019-11/MHO Turning Point Final.pdf

I'm hoping you are a member of a union, if it is the RCN, the following link should be useful.

https://www.rcn.org.uk/Get-Help/Contact-advice

BrilliantButScary

As a previous poster suggested, you can also speak to ACAS.

https://www.acas.org.uk/deductions-from-pay-and-wages/handling-overpayments#:~:text=In most circumstances an employer,employer as soon as possible.