Default Notice Against Government Organisation - Any Advice Greatly Appreciated!

[muzzy17]

Evening All - I'm just after a someone who is in the know about company finance issues and placing default notices on company credit file if possible?

 

 

To give you a very brief background into my case I was employed by a government organisation and in October 2003 it was revealed that they had made errors with many employees salaries and subsequent pension contributions dating back to 2003, to summarise they are now applying The Limitation Act 1980 to make reduced payments to all the affected 250 staff members identified. As the organisation is refusing to pay me in full I now view all the outstanding monies owed as a debt and will be treating its as such, hence my intention on placing a default notice against the organisation in question.

I have established that I have a reasonable argument under S.32 The Limitation Act 1980 subsection ©. to bring a civil claim against my former employers, as a mistake is a major part of the problem AND a reasonable level of due diligence was carried out each month when receiving my monthly salary, also the fact 250 members of staff did not realise that their monthly pay had a shortfall further emphasises the gravity of the problem.

For more details see my other post the link can be found in my profile - I can't post the direct link as I only have 5 posts and require 10 posts or more to put links on here

I would like to know if possible:

1. Can I place a default notice on the organisations credit file? With Experian / Equifax etc? My former employers have admitted that mistakes with my pay amounted to £10k dating back to 2003 however they have paid me just £1,001 using The Limitation Act 1980 to make this reduced payment

2. This case will be going to court shortly so could I write to the credit reference agencies and ask that a default notice is placed before a court judgement is made based on the correspondence that I have and limited payments made by the organisation?

Again any input or advice on this would be greatly appreciated.

Thanks Again,

muzzy17

[BRIGADIER2JCS]

Hi, I think much will depend on the status of the entity that you were employed by.

 

 

Debts owed to Government departments e.g. the DWP (overpayments) are not reported on CRA files.

 

 

Also this case would appear to be an employee/employer matter better placed with an employment tribunal.

 

 

There is a procedure to follow before a default could be placed, also you would need to subscribe to a CRA ( 3 main ones) which would involve costs to you.

 

 

I really doubt that this is a viable proposition for an individual involved in an employment dispute.

[muzzy17]

Hi Brigadier2JCS, thanks for your advice - I must add that the mistake was only discovered in October 2013 and some 250 staff members are affected who also didn't realise the shortfalls in their salaries, this just demonstrates the complexity of the mistake. The organisation have now flatly refused to pay anything which falls outside the Limitation Act 1980 as it is statue barred - Section 32 subsection c provides an adequate argument against this.

 

As the organisation owe outstanding monies to us all which fall outside the limitation act I know view this as a debt and wanted to treat it as such, i'm not bothered about how much it costs me personally to join the agencies its about the moral of the issues now and I want to set a precedent on many front in relation to these matters.

 

Thanks again for your advice - I will keep you all updated on this story. The national tabloids are interested in this story so will post the links when the story goes live.

[BRIGADIER2JCS]

Ok, when did the actual "even" occur?

 

 

I agree Sect.32 c LA 1980 does clearly defer the limitation period when the "deprivation" is caused by a mistake.

 

 

Do you and your colleagues have a union or other body to represent you?

[muzzy17]

The 'mistake' from looking at the external auditors report dates back to 2003. I can prove minimal due diligence under S.32 as I checked my monthly pay slip and of course 250 other members off staff not noticing this error tells its own story.

 

 

The reason this particular organisation are so stubborn on not paying outside the limitation period is because they have only set aside £1.1m from their budget to offset this problem. If they paid everyone in full it would take approximately £3m - £4m to settle in full.

 

 

They have gone on record to state in writing that this issue could be 'considered' a breach of contract, but they are scared if someone wins a court case it could set a legal precedent for them to pay out all staff members in full.

 

 

Unfortunately as I'm a former staff member the UNISON have confirmed that they cannot represent matters of a historical nature so only serving staff members who pay into the scheme can get representation.

[BRIGADIER2JCS]

That does make it more difficult to challenge this for a loan individual!

 

 

Which Government Department is responsible for the "organisation" you worked for?

 

 

Perhaps get your MP involved in this.

[muzzy17]

I have got the local MP involved and its the king of them all the Police who are supposedly a whiter than white organisation!! Makes good reading hence the national press are interested.

[BRIGADIER2JCS]

Home Office or Local Force?

 

 

I would certainly get the press informed

[muzzy17]

Here you go have a look here:

[muzzy17]

http://www.bbc.co.uk/news/uk-england-lincolnshire-24385150

[BRIGADIER2JCS]

May be a complaint to the Minister of State for the Police at the Home Office would help.

I see the police state it stems from 2006, is the a cover up?

 

Damian Green Is the man I think.

[muzzy17]

Thanks for your advice - Damien Green has been emailed and I am awaiting his response in full, also the Police and Crime commissioner has been written to and i've asked him for his thoughts on this matter, especially at a time he spent a reported £160,000 of the forces budget pursuing his own agenda of ousting the current chief constable Neil Rhodes, again no response as yet. The Nettleham MP Edward Leigh has also been emailed and informed of events.

 

Its amazing what lengths Senior Police officers go to in order to limit any damage their force could be exposed to in public - the press release to the BBC (as linked above) is interpreted that the force would be fully resolving these issues yet away from the pubic scrutiny of the article the reality is that the force are applying the Limitation Act 1980 to make reduced payments to staff which is not mentioned. I've asked Mr Smy the deputy chief constable on two separate occasions why he has omitted information from the press releases back in October and he has ignored both questions put to him.

 

I think again the 2006 date quoted was the start of the limitation period that they were paying staff from - if you have a look at the audit Lincolnshire report it states that the errors stemmed from 2003. Here's the audit report which is available to the public, its strange however that Lincolnshire Police would go on record and state 2006 when the facts (which are publicly available) suggest otherwise.

 

http://www.lincolnshire-pcc.gov.uk/Document-Library/Item-9---Appendix---Lincs-Police-Audit-Lincolnshire-Final-Report.pdf

 

Can you see a pattern here? When the heat is on "no comment" seems to be the best policy and this is at a time police accountability is at the lowest levels ever recorded. Unfortunately the police service is accountable to the tax payer and i'm sure most would like to know what has happened to the misappropriated tax payers money.

Edited March 3, 2014 by muzzy17

[BRIGADIER2JCS]

Has anyone suggested a Freedom of Information Request to the Police Authority?