Halifax problem

Tinkstwo

Could someone help me. My daughter who is 17 worked for the halifax for a short time. When she left they over paid her. She did not realise this and spent the money. It was about a month later that they told her that she had to give it back as they had made an error and over paid her. Since leaving there she has not found another job as she was thinking bout going back to school. The halifax want the £249 back i rung and told them she has no money and no job and that is was there error. They have passed it over to a drydons who work on there behalf they asked for a expenditure sheet with her in goings and outgoings i put £000 for all of it as this is true and offered them £1 a month as i dont see why i should have to pay my daughters overpayment off which was not her fault or mine. They have said they want £20 by the 15th march or they will take court proceedings. Can they do this? Does my daughter have to pay it when she has no money no savings and no job at the moment? Can anyone help me with this and quick please?



Thankyou :mad:

money-penny_5

Oh my god you must be feeling terrible about this, thats a lot of money to pay back through no fault of your own. Does your daughter have her terms and conditions of employment? There may be something you can draw from these???? I don't really know what is best to advise but if I were you I'd stick to my guns.....surely an overpayment is their mistake.

Iona_Penny

I am sorry for the predicament she finds herself in but this is a hard way of learning to check her payslip; that was a large amount of money extra and she didn't notice? I think that actually she is obliged to repay the money and that they have the right to reclaim it as it wasn't a cash 'windfall' for her. Someone else will confirm, but I also think you have financial responsibility for her as she is under 18

Iona_Penny

Oh, just had a quick look and it looks like someone cannot be taken to court for debts on a contract they have signed (but this may be with regard to debt and not related to employment)

Also, as a parent/guardian you are not obliged to settle her debt, but this again probably relates to credit type debt so not sure about employment. If she wants to work in the future she needs to sort this out as it could affect her references.

Hope you get more concrete information soon

RVK2

Iona_Penny wrote:

I am sorry for the predicament she finds herself in but this is a hard way of learning to check her payslip; that was a large amount of money extra and she didn't notice? I think that actually she is obliged to repay the money and that they have the right to reclaim it as it wasn't a cash 'windfall' for her. Someone else will confirm, but I also think you have financial responsibility for her as she is under 18

I have to agree with Iona, as harsh as it is, she should pay the money back. She wasn't entitled to it so back it goes. The employer should give her leeway though as she's not working. And I don't think you should be responsible for it either. Hope you get it sorted.

boltonangel

i used to work for the halifax, and the way they have handled this does not surprise me at all. but that's of no use to you!!

someone i know left a company and continued to get paid for 12 mths afterwards, the company finally realised, but she was not made to pay ANY back!!! the company was a large one, and didn`t want the embarrasment.
maybe you should so what the other MSEr's have suggested and pay the £1 p/m to them and have no other contact- they probably won`t take you to court, how would that look in the tabloids, that one of the top uk banks takes a 17year old to court over £250?!

klare_2

why not go and see a solicitor who specialises in employment law, generally you would get the first hour for free then you can writie to them and quote all the stuff the solicitor tells them. I really wouldnt be surprised if they back off completely even though they are entitled to their money back. I used to work for Boots and they were always doing this and usually let it go as it cost them more to chase it than to write it off!
Good luck

arrowsmith

Why doesn't your daughter offer a compromise, rather than pay them the money back ,she could work for them for so many hours until the debt is paid off. Couple of days work and that would be it.

Tinkstwo

I would like to say to everyone thanks for your help and the link to the debt site also. I have posted it on there too as well to see if they can offer help to. I am cross that the Halifax sent her the money after she had left with a payslip. So she assumed it was for a week that she worked. I did to. It was there payroll error which i did point out to. So think i will send a £1 a month i always thought as long as you offer some form of payment they cant do a thing its just if you withhold it. Not sure if thats right? Halifax can afford to write off £250 its nothing to them!!!!!!!!!!

aHullKingstonRover

My guess is that if you agree to pay anything back be it £1 a week or the full amount you're also admitting liability for the problem... surely the onus is on the Halifax to prove that your daughter didn't earn the money and not to use bully-boy tactics to recover a loss which is undoubtedly their mistake in the first place...

By the way, did your daughter receive a payslip for these earnings? Was she directly employed by the Halifax or a work agency?

Bloke_with_a_simple_life

MMM.... whilst it may be uncomfortable to make the repayment, it may be pragmatic to make it.

From an employment perspective, would it be likely that the Halifax would entertain a future job application from your daughter should she want a job with them a few years down the line if you try to make a point of princple out of it?

It may help if your daughter actually speask to the halifax and arranges the repayments rather than you. YOu can give her guidance and advice, but I think it would be beneficial if your daughter communicated directly with them and arranged the repayments. Even if you have to lend her the repayment amounts, I think it would be the most sensible approach.