Can old employer claim back overpayment after 4 years?

carolineB_2

You could leave doing anything until their second or third request using various delaying tatics such as asking them to notify the Tax office as you will require a refund and that your P60 detail will be incorrect for that year and you'll need a new one, also it may effect your national insurance contributions (it won't but they will have to explain that to you)
If their calculations are correct, write to them offering to pay back the amount at £1.00 a week, stating you don't agree with their calculation and that due to their incompetence you will be extremely incovienced having to repay this amount. As far as I know as long as you make an offer there's knaff all they can do

starrystarry

carolineB wrote: »

If their calculations are correct, write to them offering to pay back the amount at £1.00 a week, stating you don't agree with their calculation and that due to their incompetence you will be extremely incovienced having to repay this amount. As far as I know as long as you make an offer there's knaff all they can do

Thanks Caroline, that was exactly my argument when it happened to me. I didn't quite stretch it out to £1 a week though! I'd still be paying it back now, it was 3 months salary.

Willsnarf1983

i think its called a reasonable offer, £1 a week is unlikely unless you were a shed load in debt to be called reasonable

Will

terra_ferma

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.

I'm not saying that he should not make sure that they are right to claim the money, neither that he should rush to settle.
But trying to get them to spend more than £150 on purpose is childish.

aj2703

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....................

Tell them to get stuffed.

terra_ferma

aj2703 wrote: »

Tell them to get stuffed.

..this is helpful, sound advice.... if he owes the money there is nothing he can do, they can take him to court to recover it.

starrystarry

aj2703 wrote: »

Tell them to get stuffed.

Ha ha. Short and to the point. I like your style.

aj2703

terra_ferma wrote: »

..this is helpful, sound advice.... if he owes the money there is nothing he can do, they can take him to court to recover it.

You reckon..? For £150 after 4 years which is their mistake in the first place. It would cost them more then that to do it.

aj2703

terra_ferma wrote: »

Quote:
Originally Posted by 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

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

You need glasses read it again.

DVardysShadow

terra_ferma wrote: »

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

You might think so. Personally, I think an employer coming back after 4 years for £150 is a snivelling git.

It causes grief. Anyone one who receives one of these letters is put to inconvenience. Firstly, the £150 is long since spent, so they have to start thinking about it. Then they have to go through all the hassle of working out whether it really is due - when they may well have shredded the relevant payslips. And if it is not due, they may still feel that it is easier to give in than to defend the claim.

It is not childish. It should be a matter of public duty on everyone served with such a letter to make the employer jump through hoops, to save the next poor person the grief.