Can old employer claim back overpayment after 4 years?

northern_star

Today I have received a letter from a company I left in December 2005 saying that during my time there I was overpaid and now they want me to send them a cheque for almost £150, This is the first I have heard of it! They are a large well known company and I have had no correspondence from them since leaving. I no longer have my payslips from back then to look through but am unaware of any overpayment. Even if it's so, can they really claim it back out-of-the-blue after 4 years? I intend to ring them to ask what its all about (especially as the 'letter' isn't even an original - just a bad photocopy of a letter dater 27 Nov 2009) but would like to know how I stand before I do so....................

Uncertain

northern_star wrote: »

Today I have received a letter from a company I left in December 2005 saying that during my time there I was overpaid and now they want me to send them a cheque for almost £150, This is the first I have heard of it! They are a large well known company and I have had no correspondence from them since leaving. I no longer have my payslips from back then to look through but am unaware of any overpayment. Even if it's so, can they really claim it back out-of-the-blue after 4 years? I intend to ring them to ask what its all about (especially as the 'letter' isn't even an original - just a bad photocopy of a letter dater 27 Nov 2009) but would like to know how I stand before I do so....................

The short answer is yes.

If you do in fact owe this money they can chase if for 6 years (5 in Scotland). However, it is quite reasonable to ask for a detailed explanation of why they feel the money is owed and for any information you reasonably need to check their calculations.

DVardysShadow

What Uncertain says.

Ask for copies of all relevant payslips and all relevant data held on their systems plus full supporting calculations. With luck, you could get them to spend more than £150 on proving it.

starrystarry

Also, if it they do insist on you paying the £150 back don't give it them all at once, offer to pay, say, £10 per month.

I got overpaid by my previous employer who continued to pay me for 3 months after I left. I rang them after the first payment to remind them that I'd left the company but it went on and on. I knew I'd probably have to pay it back so I didn't touch the money, just moved it to a spare bank account. When they finally asked for the money back I sent them a load of post-dated cheques and made them take it back over a period of twelve months. So I got some interest on the money in the meantime.

:T

terra_ferma

starrystarry wrote: »

Also, if it they do insist on you paying the £150 back don't give it them all at once, offer to pay, say, £10 per month.

I got overpaid by my previous employer who continued to pay me for 3 months after I left. I rang them after the first payment to remind them that I'd left the company but it went on and on. I knew I'd probably have to pay it back so I didn't touch the money, just moved it to a spare bank account. When they finally asked for the money back I sent them a load of post-dated cheques and made them take it back over a period of twelve months. So I got some interest on the money in the meantime.

:T

This sounds very much like stealing... knownlingly keeping and benefitting from something you know it's not yours.....

terra_ferma

DVardysShadow wrote: »

What Uncertain says.

Ask for copies of all relevant payslips and all relevant data held on their systems plus full supporting calculations. With luck, you could get them to spend more than £150 on proving it.

And this would benefit the OP how?
Taking revenge over an employer who is simply claiming what is theirs?
Childish.

starrystarry

terra_ferma wrote: »

This sounds very much like stealing... knownlingly keeping and benefitting from something you know it's not yours.....

I presume this is tongue in cheek!

terra_ferma

starrystarry wrote: »

I presume this is tongue in cheek!

well.. you tried to tell them after all, so it's kind of deserved....

starrystarry

It was completely deserved. It was due to their own incompetence and when they finally asked for the money back they were very rude. They made it sound like I'd stolen the money.

Uncertain

terra_ferma wrote: »

And this would benefit the OP how?
Taking revenge over an employer who is simply claiming what is theirs?
Childish.

By allowing him to check their claim in detail before paying (if valid)!

Even if they have a valid claim it is most likely their mistake that led to it so I see no reason why the OP rush to settle.

Willsnarf1983

Uncertain wrote: »

By allowing him to check their claim in detail before paying (if valid)!

Even if they have a valid claim it is most likely their mistake that led to it so I see no reason why the OP rush to settle.

even so the guy knows he owes the money so it is a petty thing over £150 that was wrongly paid.

not everything has to be 'lets get one over someone else!'

Will