Advice needed re work overpayment.

Spot5Flowers

In July 2001, I was due to give birth to my second child and so decided to take a 5 year career break. Subsequently I had another baby and took an extra year.
After much number crunching it appeared that I was better off claiming WFTC than going back to work. My husband works full time and it was best for us. I sorted all this out with my employer about 2 years ago now. I vaguely remember receiving a cheque (not for very much) for outstanding holiday pay.

Today I have received a letter stating that I owe them. £510 salary overpayment from 12/11/07 to 30/11/07.

What do I do? I have phoned them and they are getting back to me but I'm rather worried.

Firstly the only income I have is my WFTC. Husband has recently had to take a pay cut so we are about £40 a week worse off. I did tell WFTC and was awarded an extra £1.12 a week. We are scraping through, like most folk have to at the moment, but I'm really worried now about owing this money.
Any advice? Is there any limit in the time they should of asked for this money back? Can they just take it from my tax credits?

My employer? Department for work and pensions.

unluckyone

if a company overpays you and you have left, i think, but you should google this, they can only request the money back TWICE. if you don't respond there is nothing they can do. i'm sure someone once told me this.
so are you working now?

2234

I think the point you haven't addressed is, is this correct? Did you spot it at the time? If you don't know if it is correct, or didn't spot it, perhaps you can ask for some flexibility in paying it back? I didn't want to read and run, but hope it all gets sorted for you

woody01

unluckyone wrote: »

if a company overpays you and you have left, i think, but you should google this, they can only request the money back TWICE. if you don't respond there is nothing they can do. i'm sure someone once told me this.
so are you working now?

Sorry but you are wrong.
If the payment is not made, by arrangement or in full, depending on how good the employer is, they can and will take you to court where you will lose.

Morally, although not the issue as you are legally liable, you have spent money that was never yours and assumed you had gotten away with it.
Now at payback time the worrying has started.

unluckyone

woody01 wrote: »

Sorry but you are wrong.
If the payment is not made, by arrangement or in full, depending on how good the employer is, they can and will take you to court where you will lose.

Morally, although not the issue as you are legally liable, you have spent money that was never yours and assumed you had gotten away with it.
Now at payback time the worrying has started.

i don't think the OP suggested in anyway that she had been hoping to get away with it.
some posters are harsh.
i wonder to myself why some people visit this forum, as it's clearly not to support or listen, but maybe only to judge!

Spot5Flowers

I am not working now no.

As outlined in my OP the only money I am aware of getting was a small amount of overdue holiday pay. I didn't think the payment was wrong, nor do I think I got paid any extra and "tried to get away with it". AFAIK I was paid correctly and obviously expected a government dept to be able to work out what I was owed correctly. I don't remember getting any further payments, and indeed would of queried any payments from an employer I had not worked at for over 6 years.

So they will take me to court if I can't pay them?

Yes I am very worried. I don't have £510 to pay back.

Spot5Flowers

thanks unluckyone.

Yes I had been hoping for advice and maybe a little support.

Anihilator

Spot5Flowers wrote: »

I am not working now no.

As outlined in my OP the only money I am aware of getting was a small amount of overdue holiday pay. I didn't think the payment was wrong, nor do I think I got paid any extra and "tried to get away with it". AFAIK I was paid correctly and obviously expected a government dept to be able to work out what I was owed correctly. I don't remember getting any further payments, and indeed would of queried any payments from an employer I had not worked at for over 6 years.

So they will take me to court if I can't pay them?

Yes I am very worried. I don't have £510 to pay back.

Why would you be owed any money when you hadnt worked in 6 years!

Yes you owe them the cash and if they take it further you wont have a defence to claim you genuinely thought it was yours

Ensure you do actually owe the money then ask for a repayment plan.

unluckyone

Anihilator wrote: »

Why would you be owed any money when you hadnt worked in 6 years!

Yes you owe them the cash and if they take it further you wont have a defence to claim you genuinely thought it was yours

Ensure you do actually owe the money then ask for a repayment plan.

the op is not saying that she "did" receive any payments from them in the last 6 years, she is saying the opposite, she is saying that the last payment she received was holiday pay which she believed to be accurate.
she believes this can be the only area where the overpayment could have been made as NO other payments have been made since she left 6 years ago and obviously if any payments had have been made she would have queried it.
so now she wonders where the over calculation could have been made by the DWP.
which she will write to them and ask!

unluckyone

dear op,

i am just new to this forum, i came on for a completely different topic, however, i am sad to see how some people use this board to gain some kind of power trip where they like to be judge and jury.
companys do make mistakes so write to them and ask for an explanation, after six years, you are entitled to ask for an explanation as to why they would send a request for overpaid holiday pay.
don't worry about it, i'm sure it is a bill you could do without (thats if it is correct on their behalf) but i'm positive that you will be able to come to some arrangement with them.
if you don't feel comfortable speaking to them about an arrangement yourself, speak to citizens advice, that is what they are there for.
but quite simply, people can't have money you haven't got, so they will have to meet you somewhere in the middle.

SandC

Spot5Flowers, can you get in touch with your bank and get statement copies from the period described to prove that no money was paid into your bank from your former employer? I presume the cheque for holiday pay would also be traceable, was it around that time?