Former employer overpaid me, can I face prison?

MickDundee

Hello everyone, first of all apologies if anything I say has already been written somewhere in this forum. Or if this is in the wrong forum.

Im currently in Australia at the moment working and living, I plan on heading to New Zealand in June and I spent last year (2008-2009) working and living in Canada. My situation is that my old employers(Royal Mail) over paid me while I was in living in Canada and at the time I thought this was money that was mine and owed to me, and due to short falls and job losses while in Canada I reluctantly used the money to eat and live.

Anyway what was worrying was when a friend and former work mate got intouch with me through facebook and mentioned that apparently ive been overpaid I should get intouch with my old bosses. I explained they have my email address and also a phone number(canadian) they can get in touch with me if it's so important. Over a course of time it became frustrating when I was getting told by my friends, none of whom had any relation my ex employers, were telling me that Ive been over paid, how much do you them etc

So I was very disgusted that something so personal had been leaked throughout the work place, but through my friends as well, and I was still in the shade regarding exactly how much, what was needed to be done etc

Well I'm now in Australia, but I was speaking to my parents and they said a letter looking quite important was opened mistakenly by my father(we share the same forename) when he realised it was mine he just left it be, but did tell me about it. Turns out my former employees have handed the matter to a debt collection agency. The thing is I haven't lived at my parents address for 9 years, and any mail I did have going to my former address in the UK was being redirected to my parents address, without my permission.(Royal mail know my parents, therefore put my old mail into my parents house) The letter from the DCA was addressed to my parents house, hence my father mistakenly opening it.
I checked an old email account(hot mail) and found an email with a file attached stating IMPORTANT. I opened it, and it's a copy of the letter sent to my parents address.
As I don't plan on returning to the UK anytime soon, and I have no savings,property or anything of value in the UK(except a pension) I'm wondering what can they actually do. I'm more worried for my parents as I don't want any DCA harassing them when they haven't done anything wrong. Is it worth responding to the email and stating where I am now, my parents have no involvement etc Do I just leave it, or can they take me to court and claim online with something called a CCBC(county court bulk centre)

Could they make a note on my passport and have customs stop me if I returned to the UK ?
And what are my rights regarding my confidentiality and privacy, which they broke by telling my friends and former work colleagues?

Sorry it's so long winded, if more details are needed please ask, and any advice would be appreciated.

DVardysShadow

The worst they can do is get a CCJ in your absence. Possibly they could get you made bankrupt off the back of the CCJ. But if you have no assets in the UK, it will just cost them money while wiping all of your debts.

Do you intend to come back to the UK? Would you pay it back if you did owe it and you had the means?

DarkConvict

They are entitled to get it back, however only Germany and Canada have agreement with the UK to enforce debts, i.e. a CCJ in the UK can be recovery if you live in Canada/Germany.
Whilst a CCJ only last ~6 years before going back to court, they will have decent grounds to reinstate the CCJ as you were not in an enforceable country.
If you were to return the UK they are not going to imprison you as it is a civil not criminal offence as it stands, however if they got wind you were back they could request you attend court, failure to do so could put you in contempt which is a reason to detain you.

What you want to look at is instead grounds to dispute the debt!

Overpayment of wages

Can employers recover overpaid wages?

Under the common law principles, which a civil court would consider, this depends upon whether the overpayment is due to a mistake of law or a mistake of fact. However, it should be noted that an employment tribunal has no power to consider an application which relates to the recovery of an overpayment of wages under the protection of wages provisions (see below: unlawful deductions from wages).

What is a 'mistake of law'?

It is classed as a misunderstanding or misinterpretation of a policy and in these circumstances wages cannot be recovered.

What is a 'mistake of fact'?

It is seen for example as a clerical error, an accounting error, or a computer error. The employer is prevented from recovering the overpayment if the following conditions apply:

the employer has led the employee to believe that he or she is entitled to treat the money as their own
the employee has changed their position to the money, ie spent it
the overpayment was not caused primarily by the fault of the employee.

Basically if you believe you were entitled to it, and it affected your spending. I.e. You were due a promotion and a 5% pay rise, you got £120 a week more, when you should get £100. A small amount was not noticed and it was spent as you believed you were entitled to it, in this case the business often has to account for their failure. But if they paid you benefits like London living when you 'obviously' didnt live in London then they can have it back.

http://www.acas.org.uk/ is the way to go, but remember it is a UK number so email maybe best.

Asiacat

DarkConvict wrote: »

They are entitled to get it back, however only Germany and Canada have agreement with the UK to enforce debts, i.e. a CCJ in the UK can be recovery if you live in Canada/Germany.
Whilst a CCJ only last ~6 years before going back to court, they will have decent grounds to reinstate the CCJ as you were not in an enforceable country.

http://www.acas.org.uk/ is the way to go, but remember it is a UK number so email maybe best.

Can he check if any CCJs have been issued in his absence?

DarkConvict

Yes.

£8 to do a search. http://www.trustonline.org.uk/

Not sure how long it takes for it to be added to trustonline, i assume between 1-6 months from the date of the hearing, but it might be within a few days you would have to check.

MickDundee

Thanks for the advice so far, has put my mind at ease with some things. As for the near future I dont have any plans returning to the UK, not to work anyway, if anything to visit friends and family for a few weeks vacation. Im now basically travelling the world, have obtained a ski instructor qualification so in winters il be working in Ski resorts around the world, and when summer comes, either work on the cruiseships, super yachts etc or return to the Southern Hemisphere to work in their ski resorts.

southportguy

hi
why not drop your former employer an email asking for details

to bemoan messages from your friends is a bit silly
just drop the guy an email and see what the damage is

he may be willing to accept a lesser amount to close the problem

but to bleat about injustice is a bit daft

see what you owe...and see if you can sort amicably.

Esoog

My situation is that my old employers(Royal Mail) over paid me while I was in living in Canada and at the time I thought this was money that was mine and owed to me, and due to short falls and job losses while in Canada I reluctantly used the money to eat and live.

If you thought it was yours how come you reluctantly used it?

omen666

The government only screen the travel manifests of incoming flights and will only arrest you if a warrant has been issued by a criminal court for either:

A Court Fine unpaid - Warrant with or without bail
Police wanting to question you on a matter that has come to light
A Court arrest warrant for failing to comply with a court order or failing to surrender to court