Ex-Employer demanding money for overpaid wages

bonsoirbonsoir

Don't make unnecessary enemies. You never know if you'll have to work with these people again, and having that sort of reputation could have unpleasant implications.

Phone them up and ask how the error occurred - remember they are the ones currently in the wrong. This will put them on the backfoot. Then say you're happy to pay them back, but they'll either have to wait until you get your first paycheck in your new job, or you can pay in installments, which would they prefer. If you offer them this they wouldn't have a leg to stand on in court and would be berated by the judge/magistrate.

They won't forget, and their second letter will be much more threatening - and when you respond to that it'll look as though you are only responding because of the threat.

Savvy_Sue

Hopefully you know how many days leave you were entitled to for the part of the year that you worked: were you paid for any you had not taken as leave? If you're not sure, ask them to confirm that this happened. Or if you know, for example, that you had 3 days leave not taken, asd them to confirm that these were paid with your final salary.

But you are definitely going to have to pay this back, and I agree with those who say you shouldn't wait for them to get in touch again. It's not worth it! Far better to make them an offer.

sharpy2010

This exact scenario happened to me, an overpayment by £400 from a previous employed 9 years ago. Threw the letter in the bin as I didn't have the funds nor the inclination to pay it, and never heard from them again.

I do consider myself lucky that this was what happened, and I would not suggest or recommend that someone else follows this advice, but the above is my experience of this situation.

mountainofdebt

Whilst I'm constantly amazed at the number of threads asking if an overpayment has to be repaid (I mean if the boot was on the other foot, a pound of flesh would be demanded wouldn't it?) I also amazed that no-one mentions tax and NI.

Tax and NI will have been paid on the overpayment and the employer (imo) should only request the amount overpaid after tax and NI on this overpayment has been deducted.

nickynoo08

the same thing happened to me last year. I left my job last April, recieved a letter in the July demanding money back they had overpaid me. I rang them to ask them to explain why it had taken them so long to tell me they had overpaid me and that i did not have the funds available to pay them back in one go. They took it that i WOULD'NT pay the money back which wasnt the case at all. After a few heated conversations i still never got a 'proper' answer but they ended up asking a debt recovery company to collect the money on their behalf because apparently i was being 'awkward'. No i just wanted to know why it took them 2.5 months to put me through their system as a leaver. I am currently paying them back at £10 a month, after seeking legal advice i was told this was the best thing to do. Good luck, hope you get it sorted soon