overpaid

wallis873

I had left the army after 7 years service i left in may 2008 and they didnt stop paying me until jan 2009 toltaling £6713 after 7 more months i recived a letter stating this and i had to pay the overpaid amount back.

Do I have to pay this back to them?

wallis873

I left the army after 7 years and my final pay was ment to be jul 2008 but there did not stop paying me until jan 2009 also jpa paid me for my resetalment twice and after 7 months they send me letters asking for it back almost 7k in toltal i dont have that money i phoned and told them when i 1st knew of this even a AGC WO 2 said to me dont worry about it just spend it witch i had to in the end as i left the army just as the reseation started.

by law do i have to pay it back or as its there error can i get away with it?

wallis873

In order to show that an overpayment is not recoverable, then the employee must demonstrate three things. Firstly, it must be shown that the overpayment was the fault of the company and not the employee. Secondly, it must have been reasonable for the employee not to know that they were being overpaid. Thirdly, the employee must have acted to their disadvantage or the assumption that the payment of salary was correct (for example by spending the money!). The most common difficulty for employees is the second condition since it is often obvious when an overpayment has occurred. It is not acceptable for an employee to assume that they have received a substantial increase in pay unless there is some reason to believe that this is the case.

Well looks like I will have to pay them back then

Alias_Omega

Wallis,

I have moved your posts into your own thread.

Im sure someone will be along to give you some advice.

Regards,

Alias

Esoog

wallis873 wrote: »

I left the army after 7 years and my final pay was ment to be jul 2008 but there did not stop paying me until jan 2009 also jpa paid me for my resetalment twice and after 7 months they send me letters asking for it back almost 7k in toltal i dont have that money i phoned and told them when i 1st knew of this even a AGC WO 2 said to me dont worry about it just spend it witch i had to in the end as i left the army just as the reseation started.

by law do i have to pay it back or as its there error can i get away with it?

a AGC WO 2 said to me dont worry about it just spend it witch i had to in the end as i left the army just as the reseation started.

I find that a bit hard to believe mate.

You will have to pay it back, no questions about it, the best thing to do would have been to have put it in a savings account when you realised you were getting paid still and then you would have got some interest on it.

StrawberryYogurt

Hi

We are a forces family, We have been overpaid in the past, usually when starting a new posting! We have ALWAYS had to pay it back. In fairness we knew we were being overpaid and should of put it to one side...but back then, being a very young family it was to tempting, our bad! It was not our money

Good luck and hope it sorts itself out.

Marker_2

I would say a big YES to paying it back. Afterall you have been paid "accidentally" by your previous employer.

How would you not have that sor of money lying about. Fair enough if it were a few hundred, but your enitre months slary for months on end??!!

You may be able to agree a repayment plan, so try and go down that route if you can.

helsee

StrawberryYogurt wrote: »

Hi

We are a forces family, We have been overpaid in the past, usually when starting a new posting! We have ALWAYS had to pay it back. In fairness we knew we were being overpaid and should of put it to one side...but back then, being a very young family it was to tempting, our bad! It was not our money

Good luck and hope it sorts itself out.

overpaid?

i wish. We have been underpaid soooo many times!