Can they do this?

lalamb

I recently received a letter from my local council saying I'd been overpayed by £495, I was working in a school a couple of years ago(2006) but quit for personal reasons.

The letter states that the overpayment was due to my manager for not informing them that I had left. They obviously want their money back but I cannot afford to pay this and can only offer the minimum repayments. From what I recall I did get 1 wage that seemed slightly higher than usual, this is probably where the overpayment came from because I never received a payment after I'd left, but I put it down to tax reasons at the time.

I'd like to know where I stand. Do they have the right to ask for this back as this was my managers fault and no fault of my own?

Thanks in advance.

pinkshoes

Yup, they can ask for it back.

Acknowledge their letter, tell them you don't have the money, and offer them £X a month, whatever you can afford.

lalamb

Thanks pinkshoes, I thought that was the case. I phoned them the other day and told them I couldn't afford to pay it, and she said they would be looking to clear it within 6 months but I can't even afford that at the minute. So they sent me and income/expenditure form. I will offer them £5 or £10 per month, this is all I can afford until I can get a job of which I am actively looking and have an interview next week.

If it's not one thing, it's another lol

mountainofdebt

Are they asking for the net sum or the gross sum back?

maninthestreet

lalamb wrote: »

I recently received a letter from my local council saying I'd been overpayed by £495, I was working in a school a couple of years ago(2006) but quit for personal reasons.

The letter states that the overpayment was due to my manager for not informing them that I had left. They obviously want their money back but I cannot afford to pay this and can only offer the minimum repayments. From what I recall I did get 1 wage that seemed slightly higher than usual, this is probably where the overpayment came from because I never received a payment after I'd left, but I put it down to tax reasons at the time.

I'd like to know where I stand. Do they have the right to ask for this back as this was my managers fault and no fault of my own?

Thanks in advance.

If you didn't receive a payment after you left their employment, their claim that the over-payment was due to your manager not informing them you had left doesn't make sense.

olias

I would at first dispute the amount, and ask for a detailed breakdown of the alleged overpayment, figures/dates etc.

Don't agree any repayment until they have proved that you owe the money!

They have made a mistake once, no reason to say they haven't again!

Obviously if you are proven to owe it, then deal with it then. I certainly wouldn't give them any info on my current income/expenditure it's none of there bloody business.

If you are proven to owe it, then I would just tell them the bare minimum - ie You are on a limited income and can afford £X per month. They can take it or leave it.

They will not be able to pursue this legally if you have made an offer to repay. But from your point, you should pay what you can afford. The fact that they would like it back within 6 months is there problem. Pay only what you can afford for their mistake.

But don't do anything until they have proved you owe it!

Olias

Treacle1983

I would perhaps contact the previous employer and see if they will take some of the onus of repaying it - seeing as it was their error?

Yes it does need to be re-paid though - but they should accept small payments.