Desparate for advice, Salary overpayment, No longer with that employer

mirand

Hi all, I hope someone can help.

I was employed in the public sector resigned my post giving two months notice, as per my employment contract, end of February 2009. I got paid by my employer for March and April.

In June, I received a letter stating Human resources advising me that I have overpaid by a month, the sum of £2250. I queried that via an email but had no response from HR. Few weeks back, my employer instructed a solicitor to recover the money.

Copying their solicitor, I wrote back again last week enquiring to why they thought I was overpaid, but had no response.

The solicitor wrote back to me on last Friday advising me that their client, i.e. my employer, confirmed that I am overpaid and they asked my proposal for paying the money back.

Where do i stand considering i had no explanation to why my employer think am over paid?

also I am not employed and I accept that if I was overpaid, I have to pay it back, what would be acceptable amount to offer?



Been trying to call CAB all of last week for advice and support, but as ever, they are clearly very busy.....

spykey_uk

My understanding of the law is that if it was an overpayment by mistake then they cannot demand it back if you have not noticed the overpayment and have subsequently spent it.

This is backed up by something I found on the web here: -

"Even if the overpayment was due to a mistake the employer cannot recover the money if the following three conditions are met - if the employer has lead the employee to believe the money was theirs (one suspects that the provision of a wage slip including the amount would suffice); if the mistake was primarily not the fault of the employee (so you can’t mislead the employer); and if the employee has subsequently spent the money or used the money to change their lifestyle in some way (e.g. bought a car on HP).

It is not completely clear cut, however, and, if the sum is large enough and the employer is determined, they may take the matter to court and look for an order demanding that the money is returned. Generally the courts will seek to do what is just in the circumstances. In order to do this the courts will take into consideration the amount of the overpayment, the level of negligence and whether or not the recipient knew or should have known about the overpayment. "

So if you have wage slips for the money, this will help. I would definitely keep trying to get in touch with the CAB, and if not, maybe try ringing the solicitors and ask them to confirm why their client believes you have been overpaid.

Hope this helps! x

tyllwyd

Do you have any idea of where the confusion has come from - did you work during March and April? Were you usually paid in arrears or in advance?

milliemonster

I would have thought an overpayment of £2250 would not be classed as a mere oversight though and that the OP wouldn't (or shouldn't) have noticed earlier and queried it.

Did you receive payslips for the months of April and May? what was your pay on this in relation to previous months pay?

Did you actually received this overpayment? or are you questioning that your monthly pay was no different to what it had ever been therefore where are they getting this sum from?

crusty_toenail

I'm sure you were aware that you were not supposed to be getting paid for those 2 months.

Just pay the money back and do the right thing instead of coming here and trying to find ways out of it.

Is there no decent people left in the world!

spykey_uk

Sorry, yes, you are all right, an overpayment of that level would be more than an oversight and it is likely that the court would order you to pay it back.

Your best course of action would be to contact the solicitor, try to clear up why this has happened and then arrange a plan to pay it back.

Good luck x

LittleMissAspie

crusty_toenail wrote: »

I'm sure you were aware that you were not supposed to be getting paid for those 2 months.

Just pay the money back and do the right thing instead of coming here and trying to find ways out of it.

Is there no decent people left in the world!

Hang on, she says she gave two months notice at the end of Feb. That would take her paid employment up to end of April. So why does her employer think she's been overpaid by one month?

mirand

crusty_toenail wrote: »

I'm sure you were aware that you were not supposed to be getting paid for those 2 months.

Just pay the money back and do the right thing instead of coming here and trying to find ways out of it.

Is there no decent people left in the world!

Thank you very much for your comment. I would suggest you read my original posting properly.

mirand

milliemonster wrote: »

I would have thought an overpayment of £2250 would not be classed as a mere oversight though and that the OP wouldn't (or shouldn't) have noticed earlier and queried it.

Did you receive payslips for the months of April and May? what was your pay on this in relation to previous months pay?

Did you actually received this overpayment? or are you questioning that your monthly pay was no different to what it had ever been therefore where are they getting this sum from?

I did receive my pay slips for March and April as I am entitled to the payment since I handed my notice end of Feb. No payment in May.

mirand

tyllwyd wrote: »

Do you have any idea of where the confusion has come from - did you work during March and April? Were you usually paid in arrears or in advance?

My guess is that the confusion was caused by the lack of communication between different sections within HR.

Dabooka

I'd take copies of your bank statements into HR and show you never received the money. It'll be over in minutes.