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Overpayment in salary

David_Brent
David_Brent Posts: 697 Forumite
Part of the Furniture 500 Posts Combo Breaker
edited 30 September 2014 at 5:44PM in Debt-free wannabe
Hi I resigned from my job about 16 months ago and now I have had communication that I was overpaid a certain amount (just bought to light now via letter). The company I was working for accepted my resignation 16 months ago and no debt or 'overpayment' was mentioned. Are they legally still able to claim this back from me being so long ago as well as them accepting my resignation at the time?

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!"£$%^&*()
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Comments

  • Was the letter actually from your previous employer?

    What exactly does it say?
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    As long as they can prove you were overpaid, yes they can claim it back.


    Although they cannot demand you pay it all back at once.


    Ask them to prove it and when they do, offer them a payment plan.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • MissLaura wrote: »
    Was the letter actually from your previous employer?

    What exactly does it say?[/QUOTE

    They said I have 7 days to respond and headed the letter 'notice of intended legal action' saying I owe a certain amount during some dates specified. I have no proof or backup of the debt. Surely they should have stipulated this before accepting my resignation?
    !"£$%^&*()
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Well if someone in payroll had made a mistake and didn't actually notice it until you left, well they couldn't stipulate it, could they.
    It has probably just come to light during the annual audit.


    Ask them for proof of this overpayment


    (Did you not notice it yourself, how much was it)
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • McKneff wrote: »
    Well if someone in payroll had made a mistake and didn't actually notice it until you left, well they couldn't stipulate it, could they.
    It has probably just come to light during the annual audit.


    Ask them for proof of this overpayment


    (Did you not notice it yourself, how much was it)

    True - its only £300 they claim. Il ask for proof of the debt.
    !"£$%^&*()
  • I'd also let how much you need a reference guide how you deal with them. If you do need a reference shortly try and weigh up the cost of that £300.
  • FireWyrm
    FireWyrm Posts: 6,557 Forumite
    Part of the Furniture Combo Breaker Debt-free and Proud!
    Wow, letter before action on the first communication. That's a bit heavy handed to say the least. I would tell them that I require proof of the calculation showing exactly HOW that £300 was overpaid and that if this proof is forthcoming, then you will agree a payment plan that is convenient to you. You also require information from them as to the tax implications of their mistake. Surely, if you were overpaid, then you overpaid tax and therefore you require them to advise on how they intend to rectify this.

    As for a reference, I've never found them necessary, not even back when they were common place. They cannot legally give you a 'bad' reference as such, but they can damn with faint praise as it were. I might be inclined at an interview (only if the question arose) to put any 'reference' they may give in the proper context, ie, they demanded you cough up immediately for their mistake.
    Debt Free! Long road, but we did it
    Meet my best friend : YNAB (you need a budget)
    My other best friend is a filofax.
    Do or do not, there is no try....Yoda.

    [/COLOR]
  • Claree__x
    Claree__x Posts: 1,186 Forumite
    FireWyrm wrote: »
    Wow, letter before action on the first communication. That's a bit heavy handed to say the least. I would tell them that I require proof of the calculation showing exactly HOW that £300 was overpaid and that if this proof is forthcoming, then you will agree a payment plan that is convenient to you. You also require information from them as to the tax implications of their mistake. Surely, if you were overpaid, then you overpaid tax and therefore you require them to advise on how they intend to rectify this.

    As for a reference, I've never found them necessary, not even back when they were common place. They cannot legally give you a 'bad' reference as such, but they can damn with faint praise as it were. I might be inclined at an interview (only if the question arose) to put any 'reference' they may give in the proper context, ie, they demanded you cough up immediately for their mistake.


    They can legally give you any reference they want - as long as it's factual. Many don't give "bad" references as it causes problems to prove sometimes - and either refuse to give a reference or give basic details such as dates worked.
  • FireWyrm
    FireWyrm Posts: 6,557 Forumite
    Part of the Furniture Combo Breaker Debt-free and Proud!
    Claree__x wrote: »
    They can legally give you any reference they want - as long as it's factual. Many don't give "bad" references as it causes problems to prove sometimes - and either refuse to give a reference or give basic details such as dates worked.

    As I said...damned with faint praise.

    They cant say "this person was a right pain to work with and we hated her guts and we couldnt wait to get rid of her".
    Debt Free! Long road, but we did it
    Meet my best friend : YNAB (you need a budget)
    My other best friend is a filofax.
    Do or do not, there is no try....Yoda.

    [/COLOR]
  • chanz4
    chanz4 Posts: 11,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Xmas Saver!
    not officially, but they can on a call prove it
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
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