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Redundancy Overpayment

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Comments

  • Milkshock
    Milkshock Posts: 402 Forumite
    That might only be a 'civil matter' at the moment as the money has not yet been asked for. There is such as thing as 'theft of credit' suggest you look it up..

    oh so i have to be asked to pay the money back first then?
  • You are meant to have taken reasonable steps to restore the money to it's right owner. Make of it what you will. You weren't interested in what I had to say previously.

    Milkshock wrote: »
    oh so i have to be asked to pay the money back first then?
  • smerch1468
    smerch1468 Posts: 167 Forumite
    Milkshock wrote: »
    Hi

    Just looking for peoples opinions here.

    I was made redundant at the end of last month from a public sector role after 16 years service. My redundancy package totaled 22k.

    For some reason, no doubt a clerical error, I was paid twice - therefore received two payments via BACS of 22k, total of 44k. This was not the bank's error, as I received two invoices from the organisation, so its clearly a mistake on their part.

    I am now off the payroll, and have no contractual obligations to said organisation.

    If these people do make claim on the money (and I'm assuming they will), how likely would it be for them to pursue it (i.e. would it cost them more in legal fees to pursue it than what they would get back from me and therefore potentially put them off), and indeed if they did pursue would the worst that could happen to me be a CCJ? Bearing in mind I already have a mortgage and credit cards, I'm not sure the the effect of being credit blacklisted would be worse than having an extra 22k cash in hand.

    Lastly I did have a serious issue with the way I was treated by the organisation in question particularly towards the end - so any moral arguments being made to me will fall on deaf ears - I'm looking purely to protect myself legally and financially and would be quite happy to keep the money!

    Thanks

    When I read things like this and I hear about public sector workers moaning about greedy bankers it makes my blood boil. Aside from the incompetence of the finance department who have paid you this, the £22k overpayment is taxpayers money which you are not entitled too.
  • Well, I'm a public sector worker, and I didn't agree what what the op was proposing to do either! There are PLENTY of honest, decent, law abiding public sector workers who think the same way as me! Please DON'T tar us all with the same brush. Overpayments like this can ALSO happen in the private sector!
    smerch1468 wrote: »
    When I read things like this and I hear about public sector workers moaning about greedy bankers it makes my blood boil. Aside from the incompetence of the finance department who have paid you this, the £22k overpayment is taxpayers money which you are not entitled too.
  • Milkshock
    Milkshock Posts: 402 Forumite
    Well, I'm a public sector worker, and I didn't agree what what the op was proposing to do either! There are PLENTY of honest, decent, law abiding public sector workers who think the same way as me! Please DON'T tar us all with the same brush. Overpayments like this can ALSO happen in the private sector!

    dont think they wouldn't have tried to get away with not paying me a penny either!

    I was a decent law abiding public sector worker, who through no fault of my own was made redundant from my job. It's what has happened to me in my job that has made me lose faith in a system which in itself seems inherently dishonourable!
  • hcb42
    hcb42 Posts: 5,962 Forumite
    Sometimes redundancy can be a good thing, it can change life's course, and often in a good way. I have been made redundant three times, once voluntary, but twice due to insolvency (so no fatcat private pay outs) but I think each new challenge has made me more and more marketable in my career. Good luck OP.
  • Hey, your talking to me here, I do understand that part of where you are coming from! Honestly, I had to contend with threats made to me over the phone, just before christmas when I was several weeks pregnant. They offered me rubbish really compared to what I would have got had it been compulsory redundancy. I would have got basic Statutory Maternity Pay for the duration of my maternity leave period which is paid at a pittance!

    But you know what they still didn't win, as they would have been very happy had I taken their 'payment'. But I never and as a result they had to find me an alternative role!

    But you know what, being bitter never solved anything. Honestly just wave them goodbye and get on with your life! There is something better out there for you...

    Milkshock wrote: »
    dont think they wouldn't have tried to get away with not paying me a penny either!

    I was a decent law abiding public sector worker, who through no fault of my own was made redundant from my job. It's what has happened to me in my job that has made me lose faith in a system which in itself seems inherently dishonourable!
  • lady1964
    lady1964 Posts: 976 Forumite
    Part of the Furniture 500 Posts Name Dropper Mortgage-free Glee!
    I'm being made redundant in July and am a public sector worker and have been for only 5 years. I'm getting statutory redundancy pay but some of my colleagues will be getting enhanced. The reason for this is that when I joined, we weren't part of the county council, we were TUPE'd over 3 years ago but our original redundancy conditions remained the same. Most of my colleagues have been with the company for years and joined when it was county council, then got TUPE'd over to the new one (the one I joined), then TUPE'd back again - if you're still with me, that means that they get the enhanced redundancy while 34 of us don't.

    The union is fighting for us all to get enhanced but I can honestly say that if I don't get that, then I'm happy for my colleagues who have got enhanced, most of them have young children, large mortgages and work part time so will really benefit from the better payout.

    I can't believe the OP is thinking of keeping the additional £22k. If I recieved anything over what I was told I would get, I would take the advice of many other posters, either own up, or put it in as high an interest account as I could find, and when they ask for it back, give it back but keep the interest. But morally, I don't think I could even do that, no matter how I felt I was treated, the money isn't mine, never was mine and I couldn't keep it.
  • smerch1468
    smerch1468 Posts: 167 Forumite
    Milkshock wrote: »
    dont think they wouldn't have tried to get away with not paying me a penny either!

    I was a decent law abiding public sector worker, who through no fault of my own was made redundant from my job. It's what has happened to me in my job that has made me lose faith in a system which in itself seems inherently dishonourable!

    Many public sector departments have redundancy policies which for example in the case of the NHS will pay 1 month for each years service capped at 24 months. Now even if you are on a lower salary this is a very generous payoff. I am sure that these sorts of terms exist across the public sector, its easy to find out what they are, speak to your union. If your employer did not follow the prescribed severance package, then you would be in a position to sue the pants off them, fair play to you. But that is totally different to holding on to money which isnt yours.

    For the record I was made redundant two weeks ago, and I work in the private sector. I am pleased that my company recognised ten years service with a reasonable payoff. Fortunately my firm are in good financial health, sadly a lot of private sector firms are struggling and their employees only get a statutory payment which is peanuts.
  • Milkshock
    Milkshock Posts: 402 Forumite
    smerch1468 wrote: »
    Many public sector departments have redundancy policies which for example in the case of the NHS will pay 1 month for each years service capped at 24 months. Now even if you are on a lower salary this is a very generous payoff. I am sure that these sorts of terms exist across the public sector, its easy to find out what they are, speak to your union. If your employer did not follow the prescribed severance package, then you would be in a position to sue the pants off them, fair play to you. But that is totally different to holding on to money which isnt yours.

    For the record I was made redundant two weeks ago, and I work in the private sector. I am pleased that my company recognised ten years service with a reasonable payoff. Fortunately my firm are in good financial health, sadly a lot of private sector firms are struggling and their employees only get a statutory payment which is peanuts.

    the point i was trying to make is

    if there was any potential legal loophole they could exploit to not pay me, they would.
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