OH contract was ended, now 2months later they want £210.15 overpaid salary?

jdturk

sharpy2010 wrote: »

Well they tried to claim it back, as of course they sent the letter. At the time I didn't have the money, if I did have I'd have probably just paid it and been done with it. Bit of good fortune really :-) Can't see them trying to reclaim it after 7 years, especially since I've moved three times since then!

Specially as debts can only be claimed for 6 years anyway

jdturk

laurenjs88 wrote: »

Thanks Proplusplus, Think we'll dig out the wage slip & letter and go to CAB, If his manager left it nearly a month to even tell the company that he'd terminated OH contract i think they should be taking it out of that muppets wages!

Because managers don't make mistakes and don't have many other things to be doing. Whilst its annoying its one of those things and as another poster put it looks like you could argue the point and refuse payment and see what they do. For £200 I doubt the company would chase it again but you never know

laurenjs88

jdturk wrote: »

Because managers don't make mistakes and don't have many other things to be doing. Whilst its annoying its one of those things and as another poster put it looks like you could argue the point and refuse payment and see what they do. For £200 I doubt the company would chase it again but you never know

Of course they do, im a line-manager too, were only human but im pretty sure when everyone of my girls has left or handed in notice ive made sure, everyone that needs to know, knows...

Yes its annoying, more so because his manager left it upto 25 days before even making someone aware he wasnt there anymore.... I know he's probably a busy lad but that is rather ridiculas!

Thanks for all the advice we will see how we get on!

aj2703

Tell them to get stuffed. My old company asked for an overpayment back, and as has been posted before i just binned it. Never heard from them again either.

Roobarb73

They're entitled to it back, but it depends on whether they can be bothered taking him to court to get it if he doesn't pay!

I'd chance it tbh and if they raise proceedings stump up then.

dickydonkin

This happened to me two years ago with a previous employer.

The overpayment was about £900 and I was fully aware of it and I put the cash in a savings account (in the days when such accounts actually paid reasonable interest).

I was fully aware that I would have to repay the money, however, I was not stupid enough to contact them and inform them of their 'error'.

Of course I was hoping that the oversight would not be discovered - unfortunately after 3 months - I got a phone call from the company's HR dept DEMANDING the money be paid back immediately.

I had no issue with that, however, the abrasive manner that was directed at me by the HR Manager and her male colleague made me decide to be awkward.

The Japanese members of staff were literally shouting down the phone and I explained to them (when I could get a word in) that due to their attitude, I would be placing the phone down and requested they contacted me when they could discuss the matter in a more appropriate manner.

The woman did indeed call me back the next day and I explained that the money was in an account that did not allow withdrawals without penalty.

I explained that for me to repay the money (very important - I always told them I was going to repay the money) I would incur approximately £150.00 of lost interest as the money was bundled in with some redundancy payments I received at the same time (not true of course), therefore I told them I would be quite happy to send a cheque to the value of the 'mispayment' MINUS £150 loss of interest penalty.

SHE WENT BALLISTIC AGAIN!
I put the phone down again!

After she calmed down, she rang me back and told me my offer was unacceptable.

I advised her to claim back the money through legal channels and that it would likely cost more to do this than what was owed to the company - and the shouting started again. I put the phone down again!

The next day, she again rang me back and reluctantly accepted my offer.

RESULT!

I had clicked £150.00 + 3 months interest on the money.

All I am suggesting is that the money will have to be repaid - but don't make it easy for them -after all - it was not your fault - and they should pay for their incompetence.

DGJsaver

thats all very well , but from reading that it seems they had nothing on you other than people who cant help themselves shouting down the phone

Seems to me you did yourself out of £750.....

dickydonkin

DGJsaver wrote: »

thats all very well , but from reading that it seems they had nothing on you other than people who cant help themselves shouting down the phone

Seems to me you did yourself out of £750.....

Not strictly true.

As a former employee, they had my address, national insurance number, bank account details and proof that the payment had been made. Most importantly, they had the law on their side. The reality was that the money had to be repaid - irrespective of the incompetence on the company's behalf.

By not repaying the 'debt' I was not prepared to have my credit rating compromised or potentially have a criminal record for 'stealing' from a former employer. Furthermore, I would be conerned if a future employer decided to contact this company to check my integrity.

I gained £150.00 + interest.
No bailiffs knocking on the door
My good credit rating still intact

proplusplus

dpassmore wrote: »

I gained £150.00 + interest.
No bailiffs knocking on the door
My good credit rating still intact

You're credit score and bailifs would only be available after a court order was issued against you for non payment of a 'debt'. At the court hearing, or prior to it, you can pay the outstanding balance and you'll be in the same position.

DGJ was suggeting that due to this process, most companies are unlikely to chase you for the money. furthermore, as posted above, if you believe you were entitiled to the money and had spent it, it's quite possible that you will never have to repay the money anyway.

If you're happy with the lack of hassle though, you have indeed obtained £150 + interest. So you are nonethless a winner - congratulations

dickydonkin

proplusplus wrote: »

You're credit score and bailifs would only be available after a court order was issued against you for non payment of a 'debt'. At the court hearing, or prior to it, you can pay the outstanding balance and you'll be in the same position.

DGJ was suggeting that due to this process, most companies are unlikely to chase you for the money. furthermore, as posted above, if you believe you were entitiled to the money and had spent it, it's quite possible that you will never have to repay the money anyway.

If you're happy with the lack of hassle though, you have indeed obtained £150 + interest. So you are nonethless a winner - congratulations

I was more concerned with the reference aspect of this situation had I applied for another job. I reckon they could have been awkward in providing a reference to any future employer and I was not prepared to take the risk of having been perceived to have 'stolen' money from the company

Incidentally, I never mentioned that I was entitled to the money, indeed I was fully aware of the overpayment which I alluded to in my post and I knew that the company had made a mistake with the payment - what I was hoping for of course was that the error would not be discovered - obviously it was!:mad:

I was quite happy with the outcome, and looking back it was quite funny listening to the company representatives screaming down the phone demanding their money back.

My view is that I gained the £150 without undue hassle, the company got most of their money back (and 'saved face' - very important when dealing with many people from the Far East) and to be honest, I could not be bothered to be dealing with county court judgement and Bailiff threats.