Employer's paid salary into overdrawn account

mrcow

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?

You've already been told what to do. You've just chosen to ignore the advice.

Speak to the bank in question and explain that these are your living expenses. They should allow you to withdraw the funds.

As stated earlier, this happens all the time - especially when people first start on DMPs etc with new basic bank accounts.

Go and speak to your bank.

Onyourcase

starrystarry wrote: »

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

You're right of course, I'd made up my decision before I came on the forum. But I wondered if anyone had any interesting tips or helpful legal advice? The forum did give me some useful insight into the arguments and attitudes I may be come up against. Forum members can only give responses to the limited information I provided, that's not a weakness, only an observation. Thanks.

zppp

Onyourcase wrote: »

You're right of course, I'd made up my decision before I came on the forum. But I wondered if anyone had any interesting tips or helpful legal advice? The forum did give me some useful insight into the arguments and attitudes I may be come up against. Forum members can only give responses to the limited information I provided, that's not a weakness, only an observation. Thanks.

What legal advice do you require specifically? It may be worth asking in the employment section of the forum rather than consumer rights, as this has nothing to do with consumer rights.

On a side note, some users are talking about unlawful deductions, but that cannot be the case, since you are technically getting the benefit of the funds via the reduction of your outstanding debt.

McKneff

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.

They can recall it if it is available ie a credit balance that covers the payment), it isnt available, its been swallowed up by the overdraft. The account has a debit balance.

Onyourcase

My thoughts: If I was an employer who was changing my salary computer system, I'd be thinking I hope it all goes OK. I would also have decided what to do in the event that something went wrong.....ie to make right any problems as quickly as possible even if it meant I lost money in the process.

themull1

The employer can recall the payment, whether or not the account was overdrawn, that nothing to do with it. The employer should be able to recall the payment, pay it into the correct account, and pay any bank charges that have accrued(if any) due to any direct debits not being paid.

You need to do it asap.

gordikin

Onyourcase wrote: »

You're right of course, I'd made up my decision before I came on the forum. But I wondered if anyone had any interesting tips or helpful legal advice? The forum did give me some useful insight into the arguments and attitudes I may be come up against. Forum members can only give responses to the limited information I provided, that's not a weakness, only an observation. Thanks.

..yep you 'made up' your decision (whatever that is) before you came on the forum...next time let us know that from post #1...it'll save us wasting our time trying to help.

gordikin

Onyourcase wrote: »

My thoughts: If I was an employer who was changing my salary computer system, I'd be thinking I hope it all goes OK. I would also have decided what to do in the event that something went wrong.....ie to make right any problems as quickly as possible even if it meant I lost money in the process.

...yes of course you would! You've been paid....you just pre spent it and it's caught up with you!

Onyourcase

paulmx3 wrote: »

sorry you have not got any better advice up to now,this forum does seem to be plagued by many people with a bankers attitude towards "lower class" working people with money issues....:o

it may be worth approaching your bank to see what can be done,but,i do feel your employers have made the error here.

Thanks for your useful insight

halibut2209

Don't pay attention to certain posters here who seem to only want to aggravate new members

I've been in a very similar situation before where payments were made into an HSBC account which was overdrawn. The bank were more than happy to let me withdraw the payments as we had an agreement for repayment of the overdraft. Speak to the bank first thing on Tuesday. This will not be the first time they've had a situation like this. Remind them of your agreement to repay, and explain the situation. I'd be surprised if they didn't authorise a withdrawal.

Should they fail to do so, I'd suggest either the CAB or a free 30-min consultation with a lawyer. I don't believe it's legal for a bank to withhold living expenses when a repayment scheme has already been agreed (assuming you've kept to this)