Overpayment - my rights?

catecreed

Please can anyone help!?

I worked in Topshop until Dec 2009, and upon leaving was very ill and did have a lot of time off however I have not kept a record of how much I had off and did not keep copies of my doctors certificates.

My last pay check I did check and it seemed accurate to me so I did not go into detail.

Over a year on i have received a court claim from a solicitor on Topshop's behalf stating I was overpaid £350 and that I must pay it. I asked for a breakdown of what I was overpaid and it is claiming that my sickness pay was not correct at the time.

What are my rights? I dont believe I am going to be able to prove what my sickness was at the time but do disagree with it as I firmly remember looking at it at the time and thinking it was correct by my calculations.

I have very little time left to reply to the court. Thanks for any useful advice!

DVardysShadow

Have you had any other correspondence from Topshop or anyone acting on their behalf since leaving, but before notification of this claim? Is the claim form genuine? [ie does it bear the stamp of a court?]

catecreed

Its definitely genuine and I had one letter a few weeks before but hadn't replied before I received the claim.

hcb42

If you have been overpaid you should repay it. you should ask for clearer breakdown and backup if not sure.

dmg24

You work in HR in the NHS. The NHS also has a policy of recovering overpayments. Why do you feel that the rules you enforce should not apply to you?

catecreed

I dont think they dont apply to me im disputing that I actually owe the money...I came on here for advice not for time wasting points....

dmg24

catecreed wrote: »

I dont think they dont apply to me im disputing that I actually owe the money...I came on here for advice not for time wasting points....

It is you that has wasted your time by not responding to the first letter you received. If they can prove that you do owe the money, and you cannot prove that you do not, it's a no brainer. You either agree to pay or get a court judgment against you.

catecreed

thanks for the patronising attitude...very necessary

dmg24

catecreed wrote: »

thanks for the patronising attitude...very necessary

It is not patronising, it is fact. If you cannot prove that you do not owe the money, what do you expect?

catecreed

ok you are clearly on here for the wrong reasons, this is meant to be a helpful forum, not another opportunity for strangers to get into arguements. Please do not contact me again and if so I will not be responding

dmg24

catecreed wrote: »

ok you are clearly on here for the wrong reasons, this is meant to be a helpful forum, not another opportunity for strangers to get into arguements. Please do not contact me again and if so I will not be responding

So my answer is not helpful because it is not what you want to hear? I trust you are not going to act like this in court?