Employer's paid salary into overdrawn account

DCFC79

hermum wrote: »

I would speak to the bank, if you have come to an agreement to pay back the overdraft with them, then they should hopefully allow you to withdraw the extra.
Don't all banks now have 24 hour telephone banking? Or are CS not available over the weekend?
Do you work for a large company? A small company may not have a spare months salary to lend you.

yes the telephone banking staff are in at weekends,ive called the up before, which reminds me i need to call mine

gordikin

Onyourcase wrote: »

I was hoping for some better legal advice here. I get the sense that those that have reponded so far are thinking "here's someone that wants paid twice". Please try to be a bit more empathetic. Imagine all your salary this month had been paid by your employer directly paying off part of your mortgage. Yes, you've been paid, yes, you now owe less mortgage. But how are you going to pay all your monthly bills! You might be thinking like me, I want my salary paid as normal now and then we can talk about and deal with the overpayment?

No, you were hoping to hear what you wanted, ie employer is liable...hey maybe someone be along soon to agree with that....until then we have the above answers

ska_lover

Sorry to disagree with some posts here, but I think employers can recall payments if it is their mistake. I say this because a work collegue of mine had his first months wages paid into totally the wrong account (a digit wrong somewhere) and they sorted it out for him the same working day.

starrystarry

I sympathise OP, you were doing your best to sort your finances out and now your efforts have been scuppered by a mistake on the part of your employer. But...as everyone else has said your employer will not be able to recall the payment and you won't even be able to talk to them about a loan/advance on your future wages so it's probably best that you make alternative arrangements. When are all the bills due?

neilmcl

Onyourcase wrote: »

I was hoping for some better legal advice here.

You were given general advice based on member's reasonable opinions. If you want "better legal advice" can I suggest seeking out an employment solicitor instead.

catfish50

ska_lover wrote: »

Sorry to disagree with some posts here, but I think employers can recall payments if it is their mistake. I say this because a work collegue of mine had his first months wages paid into totally the wrong account (a digit wrong somewhere) and they sorted it out for him the same working day.

It's not the same though. In this case the money was paid into the wrong account, but it was an account belonging to the OP and unfortunately the money was promptly snagged by the bank and offset against the overdraft.

It's the employer's error, but the employer doesn't have the power to force the bank to return the money, since they're legally entitled to it.

Onyourcase

This link might be more useful
https://forums.moneysavingexpert.com/discussion/3128716
Basically the employer is at fault and needs to rectify the situation. Duplicate salary payment would be the first step to rectifying the problem.

[Deleted User]

You need to speak to your Employer and ask what they are going to do, they are definately at fault here. As the money is untouched they may be able to recall the BACS payment. Just clearly state you have no access to this account. Legally I would personally class this as 100% unlawful deduction ;-)

starrystarry

Onyourcase wrote: »

This link might be more useful
https://forums.moneysavingexpert.com/discussion/3128716
Basically the employer is at fault and needs to rectify the situation. Duplicate salary payment would be the first step to rectifying the problem.

If you've already made your mind up about what needs to be done why are you asking for other people's opinion?

catfish50

Onyourcase wrote: »

This link might be more useful
https://forums.moneysavingexpert.com/discussion/3128716

That looks hopeful. Now all you have to do is get through to Tuesday when you can start making phone calls. Good luck.