help with debt recovery company

antbann

I owe some money about £1000 for an over payment of salary. I have got a debt recovery company after the money...i have said i will pay £5.00 a week back.
They arent happy with this and are asking for all my own and my husbands income and out goings.
Could any one tell me is it a legal requirement that we provide these details?

Angel89_2

why haven't you just told them to f**k off?? lol


Seriously, why on earth would you waste your time talking to a bunch of people who have absolutely no legal powers or authority over you whatsoever???

maninthestreet

antbann wrote: »

I owe some money about £1000 for an over payment of salary. I have got a debt recovery company after the money...i have said i will pay £5.00 a week back.
They arent happy with this and are asking for all my own and my husbands income and out goings.
Could any one tell me is it a legal requirement that we provide these details?

No, you have no legal requirement to do this - a DCA has no special powers, they are not bailiffs acting on behalf of a court - assuming there is no court order against you concerning this debt.

liverpoollad75

maninthestreet wrote: »

No, you have no legal requirement to do this - a DCA has no special powers, they are not bailiffs acting on behalf of a court - assuming there is no court order against you concerning this debt.

I agree and I am sure that the company is liable and there is a law that is in existance from 1918 that means that it is the companies responsible and that you can pay that money back at your lesiure, you do not have to pay back a specific amount as long as you pay it back

if i can think of what the law is called I will post

liverpoollad75

just found this.....

In businesses operating computerised payroll systems, it is not unusual for an occasional error to arise resulting in a mistaken overpayment to an employee. This might take the form of an overpayment of basic rate pay or overtime pay or commission/bonus. The payslip is often fairly complex and employees sometimes fail to thoroughly check its contents. It can sometimes be a matter of weeks or even months before the employee or the business realise that an overpayment has taken place. In this situation, the legal question is whether the company are entitled to recover the overpayment and, if so, by what means.
In order to show that an overpayment is not recoverable, then the employee must demonstrate three things. Firstly, it must be shown that the overpayment was the fault of the company and not the employee. Secondly, it must have been reasonable for the employee not to know that they were being overpaid. Thirdly, the employee must have acted to their disadvantage or the assumption that the payment of salary was correct (for example by spending the money!). The most common difficulty for employees is the second condition since it is often obvious when an overpayment has occurred. It is not acceptable for an employee to assume that they have received a substantial increase in pay unless there is some reason to believe that this is the case.
The Employment Rights Act 1996 provides that it will not be an illegal deduction from wages to recover an overpayment from salary. This means that an employer is not prevented from deducting the overpayment from future wages or salary provided that this is done reasonably over a period of time and not done in such a way as to amount to a breach of trust and confidence in the employment relationship. The interesting point about the Employment Rights Act is that overpayments can be recovered from future wages whether or not the overpayment itself is recoverable from the employee on the basis of the three point test set out above.
In practice, the employer can simply recover an overpayment from wages and the onus is on the employee to then make a legal claim to attempt to claim back the money that has been wrongly deducted. This involves bringing a claim to the County Court and is inevitably rather complex. The employee will have to show that all of the three conditions outlined above have been met and this is often difficult.
Assuming that the employer intends to recover the overpayment from wages, then there is no fixed rule about the rate of recovery and whether this should be in one lump sum or over a period of months. However, there is a general rule that an employer must not act in such a way as to undermine the employment relationship or to breach trust and confidence. In the light of this general duty, the best advice for an employer is to discuss the overpayment with the employee and propose repayment over a reasonable period of time depending upon the size of overpayment and the period over which it occurred

liverpoollad75

I have remembered, its the truck act and found this which may be of use.

http://hansard.millbanksystems.com/commons/1986/may/14/payment-in-cash

A friend of mine used this and only had to pay back £1 a month for years

antbann

Thank you all for your help.!!!!

:rolleyes:

antbann

hi,

just looked into the dca, they are Jacobs Certificated Bailiffs and they is no ccj pending there just theating to do it. do we have to do what these say?

DCFC79

antbann wrote: »

hi,

just looked into the dca, they are Jacobs Certificated Bailiffs and they is no ccj pending there just theating to do it. do we have to do what these say?

from what ive read of the other replies is that no you dont have to do what they say

timmmers

Even if they get a CCJ remember that bailiffs can't enter your home by force, if you don't let them in they are powerless really.

What kind of company sends DCAs after their staff I can't help wondering, do you still work for them?

I'd visit the CAB and put your mind at rest, stop the harassment and bullying for commission from the DCA.

t