overpayment from last job?

manhattan

i have just received a letter from my previous employer stating that they have overpaid me and are asking for the money back.

here is what the letter says.

" dear ........,
following your recent departure from ..................... it has come to our attention that a net overpayment of...................has been made in july 2006.this was due to late notification of leaving causing overpaid basic salary for june and a deduction for unpaid sickness absence,and is now repayable by you.


to pay back the outstanding amount please forward a cheque addressed to........within 14 days. "

now do i have to pay this back,as it was their mistake?
the company treated me really bad,and i was subjected to harrasment from my manager that is why i left.

i have recently put in a tax rebate claim so would they have noticed this overpayment, due to this tax claim?

ts_aly2000

Love the way the letter is written, it's "HAD," not "HAS." Past tense, it's already happened.

Oh so it's your fault too. Niccceeee. I love it when things are always my fault.

Short answer: No. You don't have to pay to it back within 14-days. If I were you I'd offer them £1 a month.

You do have to pay it back yes, they're perfectly entitled to ask for it. But you don't have to pay it back within 14-days. And they're not entitled to add or invent charges to go on top.

£1 a month. Most large companies just wouldn't bother. I'm taking it that this is a silly pedantic company yes, with bog cleaners that call themselves hygiene management specialists?

This £1 will reeaaallly wind them up. As they'll expect you to comply. Now that you don't work for them, and don't have to look at them everyday, sod em'. If they threaten you with court (which they probably will) then it'll cost them more than the original overpayment, as well as a court deciding that you were already making repayments.

Yes, write them a letter back, and include a cheque for a pound. DEFINITELY pay by cheque. Always pay by cheque.

Here's a letter to send;

"
Dear Sir or Madam,

RE: Overpayments

Thank you for your recent letter dated 13th September 2006 which highlights an overpayment within my final pay packet and requests monies owed be settled within 14-days.

Unfortunately I am unable to settle this immiediately given new financial priorities; mortgage and existing debt agreements. I can offer £1 payments on a monthly basis to clear this overpayment. To pay the overpayment in full and within 14-days would place me in a position of financial hardship and be viewed as unfair treatment by existing creditors.

Please find enclosed the first payment for £1, with following payments to be made by the 16th of each month hereafter. Regular receipts will need to be provided to PayPlan whom are the organisation managing my debts.

I offer my most sincere apologies and am slightly embarassed to be in this position.

Yours faithfully,




Manhatten
"

Now I know you don't have any debt problems. But they don't know that. Sod what they think.

If you did have debt problems though... It would be most inappropriate for you to pay this off in full within 14-days. That would be preferential treatment and your other creditors could cease their agreements.

manhattan

thanks i will use that letter,just adjust it slightly.
the company is big and is very well known. and IMO they are corrupt and employ people to use loopholes in employment law to dismiss people.

the "unpaid sickness overpayment" quote in their letter just makes me sick!
it was the company/manager that caused me to go on the sick due to stress,a few months before i left!

i thought i had this company out of my life forever,now they start harassing me again! lol.

i will offer them the £1 a month. and will ask for a receipt for every cheque to be sent to me every month.

ts_aly2000

Goodo

It'll work out. All you need to do is to be entirely reasonable and very nice. Don't ever talk to them either. Not that you ever would

Don't worry, you're out of there now. I had one of these 2-years ago, and it was a nightmare.

This is where you can start getting back to normal again Great feeling init'

Oh, don't offer, they'll decline it. Tell them that's what they're getting, and include the £1 cheque. Also send recorded delivery too.

You're gonna have some fun with these people And there's NOTHING they can do about it. They could take you to court, but the judge won't be too happy that there's an agreement/offer already in place.

Regardless of what they agree. Just pay that £1 on time every month

Oh, one last thing.... If you're now unemployed and claiming JSA. You could 'technically' make it 10pence, but that really is taking the biscuit.

manhattan

thanks for the advice.

i will ask them for a breakdown of the overpayment as well as any proof that they have forwarding onto me as i would like to know how they have worked it all out.

then i will tell them how much i will repay every month,if all seems correct.

p.s the overpayment was for £260,and also i am not in any debt and not claiming any benefits.

mountainofdebt

Just a thought here ....I am assuming that you were given a P45 stating what pay & tax you had paid during your employment.

Personally I would be asking them in my initial letter how they intended to rectify the information given on that OFFICAL document (which they would have also had to pass on to the Inland Revenue) as this will affect how much tax you have to pay in any future employment during this tax year.

(as far as I understand it they can only issue one P45 and not issue an amended version)

manhattan

good point,i will mention that in my letter thanks.