Employer's paid salary into overdrawn account

Onyourcase

halibut2209 wrote: »

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

Thanks for your post, small minority on all forums' folk have issues. It's easy to spot them. I'll post what happened.:)

ska_lover

halibut2209 wrote: »

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)

Agreed, some people are so bleedin patronising!

gordikin

Onyourcase wrote: »

Thanks for your post, small minority on all forums' folk have issues. It's easy to spot them. I'll post what happened.:)

...like you have an issue staying within your overdraft limit...which has caused your problem?

ovoreo

In addition to seeing if your employer will offer you an interest free loan to help you last until the next payday due to their error (mine certainly wouldn't but its worth a try) you need to make sure it doesn't/can't happen again. It sounds like their new system hasn't been tested properly. Assuming you work for a large company it could mean that anybody who had changed their bank details in the last couple of months have all not received their pay and for most people who change their accounts its because the old one has been closed! Anyway poor show on your employer. It will be easy for them to say you won't lose out financially but they won't of thought of your particular scenario when making that casual promise. Also listen to McKneff, although can employer can recall a payroll run, they won't firstly because the money isn't now available to be returned (a bit like if you'd seen it and removed it immediately but appreciate you didn't) and secondly its kind of not their problem you have financial issues (sorry to sound harsh) and therefore they will view it as that account is still active so there is no problem, ie they've met their obligation. Anyway, really hope you can get yourself sorted and well done with your debt management plan.

corbyboy

Once you get this sorted out I would be questioning your employer as to why they even still have a record of the old bank details. Any personal data of yours should only be held as long as necessary, as per this from the Data Protection Act:

Personal information may be kept for no longer than is necessary and must be kept up to date.

go_cat

Have you double checked that your company have got the correct details to pay you next month you don't want to go through this again

Harveyharvey

Talk to your employer, if they are sympathetic and accept it's their mistake, they'll help you out.
If you just go in to your bosses, kick off and go all legal, you may not have a job and cost you in legal fees.

Instead of getting all het up and jumping the gun to find out your legal rights (obviously as you want compensating) just TALK! You'll be surprised.

squeaky

Harveyharvey wrote: »

Talk to your employer, if they are sympathetic and accept it's their mistake, they'll help you out.
If you just go in to your bosses, kick off and go all legal, you may not have a job and cost you in legal fees.

Instead of getting all het up and jumping the gun to find out your legal rights (obviously as you want compensating) just TALK! You'll be surprised.

Yep.

There's an [post=41583292]entry in our ReadMe sticky[/post] on this which also points to a thread full of good stuff.

System

halibut2209 wrote: »

Remind them of your agreement to repay, and explain the situation. I'd be surprised if they didn't authorise a withdrawal.

Reading the first post, it looks more like the overdrawn account was just abandoned and no agreement is in place.

catfish50

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.

Hmm...I wonder if you really would have such foresight, and such a responsible attitude. You might find that you would rather not lose money if you could avoid it.

Your employer made an error, but it's not such a huge error. It's your unauthorized overdraft that turned it into a personal catastrophe for you. No court is going to penalize your employer for consequences which are solely down to your own actions.

Why not just talk to the bank, as happened in the other thread, and try to come to an arrangement? You might find they would be sympathetic about covering your most essential payments, such as mortgage, living expenses, utilities, etc.