Wage overpayment

arthursleep

Hi looking for some advice please.
My partner got overpaid when he left his job last June. They failed to get his correct leaving papers for him to sign when he left so we are wondering if this may be the problem.
He notified them to tell them the first month and they still paid him another month. They then tried to take the full amount giving 2 days notice, ignoring his gardening leave, holiday pay and final salary. He had to close his account to stop this after trying other avenues.
He has written to them twice after numerous phone calls and emails to sort it asking for a break down in the amount he owes. They have ignored this and sent standard letter threatening to pass on to debt collector. Not heard anything for 2 months now.
Not sure what to do now. Any advice much appreciated , thanks

niccatw

Very similar to this thread http://forums.moneysavingexpert.com/showthread.html?t=2236083

Although, you look like you've tried the avenues suggested. I'm not sure what else I would suggest, other than perhaps contacting your local Citizen's Advice Bureau to find out what your rights are, especially if the previous emploeyer's have already sold the debt on to a DCA.

Soory I can't be of more help. Hopefully some-one with more knowledge than me will come along shortly.

Good luck

DarkConvict

If they refuse to give a breakdown there is nothing you can do.

They cant take his salary back from the bank account as they pay in by standing order, he would have to give the money back himself which is what he is offering to do.

What he should do is work out how much he should have been paid (notice period of pay + holiday days remaining). And keep the extra money to one side in a separate account. Send a reply back to them via recorded delivery stating you are awaiting there breakdown and how he is to pay it back, as he has tried to get in touch for x months but you have failed to reply.

Speaking to CAB is a good idea,

There is not much you can do, people can demand money all they like, but they must provide an accurate figure and a means to pay it back (account num/sort code)

arthursleep

Thanks we have almost one month wage in seperate account , unfortunately the other went on overdraft when he had to close account.
It is a big bank who he worked for and he had to have an account with them to get wages paid into. Was a nightmare to close it and move everything. But they could have taken the money.
Will make an apt with CAB and see hat thye advise.

DarkConvict

They can take the money under off setting rules, but as this is wages not a debt under the bank, it would probably be theft to have taken it.

Speak to CAB, best thing is pay the lump sum when you get a correct breakdown, and pay the remainder over a few months stating the threat to take money from the account was seriously concerning, causing you to move banks which was a financial problem, this has meant you are unable to make full payment as you no longer have the funds available.

arthursleep

Hi back again after recieving letter from Tamarisk Debt Management today asking for the original figure in full within 7 days!
We sent a letter special delivery at the end of January asking for a breakdown of the figures so we could pay the amount we owe this was ignored.
Seems they have passed it on to debt collection , although think they may be inhouse collection agency ?

I am at a loss where to go from here and any help would be much appreciated. Obv partner at work so will have to deal with it tonight.

DVardysShadow

arthursleep wrote: »

Hi back again after recieving letter from Tamarisk Debt Management today asking for the original figure in full within 7 days!
We sent a letter special delivery at the end of January asking for a breakdown of the figures so we could pay the amount we owe this was ignored.
Seems they have passed it on to debt collection , although think they may be inhouse collection agency ?

I am at a loss where to go from here and any help would be much appreciated. Obv partner at work so will have to deal with it tonight.

You have done the correct thing and asked for a breakdown. Now you go into broken record mode and every time they contact you, you write back and say

I refer you to our letter of <original date>, requesting a breakdown of how this sum is calculated. No such breakdown has been received and I regret this matter cannot be progressed until you provide this information.

And just keep sending it, keeping a copy each time. If they take it to court, you can ask for a breakdown - they will have to provide one to make their case stand. A judge will not look favourably on them bringing a case if you can show that you have been asking for the information.

arthursleep

Thanks very much , do i send this to the bank as we have done previously or to the address on debt collection letter ? (Which is a po box no)

DarkConvict

Considering the time that has passed, If a DCA is chasing i would probably fire letters off to the DCA to handle. It really is just pass the buck until someone does something.

They need to list all the money they owed him, pay, holiday pay, garden leave etc. Then state how much they paid, and state the difference owing.

arthursleep

Thanks heres hoping they deal with it !!

davek1

Now it's with a DCA you can deal with it in the same way as any other debt. To be honest i think the employer handled the situation poorly as they would have had a right to ask you to repay the money over the same period as you received it. It is perfectly reasonable to ask for a breakdown of the debt. Make sure the debt owed does not include tax NI etc as this can be reclaimed by teh employer.

Dave