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Can old employer claim back overpayment after 4 years?

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  • Zazen999
    Zazen999 Posts: 6,183 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I'd write to the employer asking for a breakdown of the payments; plus a confirmation that they have sorted out any tax issues with regards to this alleged overpayment; and also request that they pay the necessary amounts that it will take you to obtain bank statements of the months in question so that you can submit all the paperwork to your financial adviser; once they have done that, you will get back to them with a settlement offer.

    Manage them, don't let them manage you.
  • My first instinct is to tell them to get stuffed. It is too long ago and you have moved on. You do not have the records and for you to try and compile any records from that time would require an inordinate amount of effort for the sum involved.

    Whilst there may be a legal requirement, the amount is so low as to fall into the same line as fishing invoices. You send them out but you have no intention of ever following them through because to do so would not be cost effective. You can only justify the sending out of a letter.

    However, if the OP is right and all he has is a badly photocopied letter then perhaps this letter is not even addressed to him in person but is in fact generic. If so, it has no validity.

    If the OP is a worrier and I guess he must be a little to post that here, then he may want to write a letter stating that he has no knowledge of any overpayment and that as far as he is concerned, all financial matters were settled satisfactorily some years ago. He could even go so far as to state that if he is required to recreate an income ladder for that time, he would expect to be paid for that time (even though he would probably only be able to claim if they were in the wrong).

    Personally, I would keep the letter on file but not contact the company.
  • This happened to me too. It was a week's pay, and they tried to get it back a year later. The truth was that they had overpaid me, and I didn't dispute that, but the exact figure sounded dodgy so I asked them to send me all the payslips and timesheets for that period so that I could double-check the figure. I was abolutely stony at the time so when I didn't hear from them I didn't chase it.
    A year later I had a bit more money, and contacted them to ask what was going on and they said the matter was closed. It hadn't been my intention to wriggle out of things but they couldn't be bothered to chase up loads of paperwork for a few hundred quid.

    I'm sure you'll be fine.
  • This happened to me 2 years ago, I handed in my month's notice (me thinking in this time they would be able to sort everything out including getting my pay right) on my final payment they over paid me and asked for it back, of course didnt pay it back in full, got a letter from a solicitor saying they was taking me to court but we agreed on monthly payments of £10.

    Hope you get it sorted
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