Overpaid by previous employer, should I have to pay it back ?

Sambucus_Nigra

GothicStirling wrote: »

I think you just answered your own question.

Nope - and it shows that you can't answer it either.

GavB79

I hope a sensible Mod locks this thread soon. It has run its course.

MrsTinks

Gav - the board does not have Mods... if you think a thread is running off course then please report it The Forum Team will address it.

OP - Yes you have to repay the money - legally and morally. If you do not then they can and probably will seek to get a CCJ for the debt and rightfully so. You really want to deal with this before then.

You state your partner earns £14k? And you can go out and get a £35k job? Now excuse me if I'm wrong but wouldn't THAT be somewhat more sensible than for your combined income to be about half that??? Ok so you feel you can't afford child care - then I suggest your partner stays home and does the child minding! You HAVE to look at who can bring in the highest salary right now and if that is you then he stays home and plays househusband!

I can appreciate that it's hard loosing a £50k combined income, but hiding your head in the sand will NOT solve the problem. Should you have bought presents with the money? Does it matter? Not really... you spent the money, the only effect sharing that information will have is to infuriate people and loose you their sympathy... if it had been to put money in the electricity meter, food on the table and the heating on for a few hours a day only then I expect people would have reacted a lot differently... Presents are a luxury - we had to do without them at times when I was a kid and I'm only in my early 30's... Apparently I am non the worse for it it would seem... Mum would do special things with us instead: My birthday is in November, less than a month from christmas, and to this day there is nothing more special than spending the day making christmas decorations from paper and baking christmas cookies...

FBaby

Austinhead wrote: »

but I would be paying out massive amounts of childcare, and I wouldn't get to see my kids very much so took the decision to not go down that route at the moment.

You say it right here... you have made the decision not to go back to work full-time. That is YOUR decision and the consequences are that you can't afford to give your kids Christmas presents, you make things yourself and explain to them that father christmas didn't bring big presents like he does to some other children, but he has given them the chance for mummy to be more at home with them.

I've made the other choice, went back to work full-time when my children were only small. They don't get to see me as much, but they get nice presents/holidays etc...

Not saying my choice is right yours is wrong, a choice is a choice, but you can't make it and expect the benefits of the other.

Once upon a time, I received two cheques from Asda after I filled in my car with their petrol and my car broke down. I sent them an estimate and then the actual costs and they processed both and sent me two cheques. It was just before going on holiday and gosh was it tempting to keep both, after all, it was their fault my car broke down and it did cause me quite some trouble...but it was dishonest and however much I wanted to convince myself that it wouldn't have been wrong to have kept the money and that everyone would have done the same, I am happy I didn't as I can now talk about it to my kids who are older and I know I am teaching them good values and that is priceless.

vouchersrme

I am sure that when money is tight, you do things that you may not otherwise do. The school were lax in their paperwork, and yes you should have realised. BUT they made the mistake you have the right to pay back a bit at a time, and should negotiate the rate.

kelloggs36

I got overpaid by work once - I wasn't working there as I was on a career break and one month I noticed I had been paid a month's salary. Yippee was first reaction, immediately followed by, oops, it must be wrong as I haven't been at work. I called them straight away and arranged to pay it back - which I did. I was at university at the time (mature student) and on a reduced budget, but it never occurred to me to keep it, even it was their mistake because I KNEW I had to pay it back. To spend it would be theft - regardless of whether I could justify what I needed it for, it would be plain theft. OP you need to admit to yourself that you are not as honest as you would like to think you are - that is what a lot of people are peeved about - your continual justification for taking the money. Temptation got the better of you and you got caught out. The chances are you will be given time to sort it out, but if not, then you can really only look to yourself to blame as you made the conscious decision to take the money, knowing all along that it wasn't yours to take.

SHIPSHAPE

kelloggs36 wrote: »

even it was their mistake because I KNEW I had to pay it back. To spend it would be theft - regardless of whether I could justify what I needed it for, it would be plain theft.

No it wouldn't be theft.

It is a payment(s) made by mistake which the OP has spent, knowingly, and there is a process the former employer has to go through to attempt to get it back.

The OP has hardly gone back to her former employer and picked their pocket on their own accord.

Get some reality.

lucylucky

SHIPSHAPE wrote: »

No it wouldn't be theft.

It is a payment(s) made by mistake which the OP has spent, knowingly, and there is a process the former employer has to go through to attempt to get it back.

The OP has hardly gone back to her former employer and picked their pocket on their own accord.

Get some reality.

I hope that by now the OP has decided to get "some reality" and has been in touch with the council.

jamespir

i wouldnt have spent it i would have quierid it when i first noticed it you should pay it back as it was money not belonging to you