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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45348
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I work independantly for the nhs and have contracts with them.

Resolved Question:

I work independantly for the nhs and have contracts with them. Last year I had two contracts one with the CCG and one with Public Health
I invoiced for work to the relevant contract holders and was paid for work. Now it has come to light several mths on that payment was made to me from the wrong funding pool. The ccg have in error signed off invoices meant for public health. I am chasing public health for the monies but there is a paper trail loss. The ccg are refusing to pay me for any work until I pay them back the money and are sending demanding letters
where do I stand with this
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How much do you owe them and how much do they owe you?

Customer:

They are saying I owe them 8125 pounds. for money paid to me in error from wrong contract provider invoices signed off

Customer:

They owe me 4166.76 for work delivered under new contract agreement

Ben Jones :

ok let me get my response ready please

Ben Jones :

The issue here is that you are owed money but at the same time they claim that you owe them money too. This creates somewhat of a standoff between both parties where effectively you refuse to pay them what they seek from you and in turn they refuse to pay you anything you are due for work undertaken since.


 


It is of course preferable for this to be resolved directly between you and the employer but if that is not possible then you are really looking at potential legal action to get this resolved once and for all. Who starts it would depend on who is keener to get their money. It could be either you or the employer. Whoever makes their claim in first would then allow the other party to make a counterclaim against them for their share of the money they believe they are owed. In the end it would come down to a court deciding who owes who what and then offset the other party’s debts from that, in which case wither one party would owe the other something, or there would be no debts owed by anyone. All of that would of course depend on factual evidence based on what you were due to be paid, what you were actually paid and where the money came from.


 


But the issue as mentioned above is that there is simply no easy way to resolve this – you can write to the employer and making your position clear, even threatening legal action, but they cannot be forced to pay unless they are taken to court and you obtain judgment against them in your favour.

Ben Jones :

ok thanks let me get my response ready please

Ben Jones :

sorry double posted there, my response is already above, let me know if you need any clarificaiton

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45348
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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