Need some advice please regarding overpayment.

Pilchard

Hi there

Don't know if anyone can help but I'm in a pickle. My old employer overpaid me in October and November. I pointed out November's one but hadn't realised I was overpaid in October. I put the money to one side but ended up using some of it over christmas. I have been waiting for 2 months for them to tell me how much I owe, thinking it was about £1000. They now say I owe £2000 and they want it in 7 days. I told them I could pay it in installments and have sent a cheque for £500 and I asked for a breakdown of their calculations. They have told me in no uncertain terms, however, that I will send them a cheque for the full amount within 7 days. Does anyone know if they can insist on this as it is their fault? I have offered to pay 4 installments of £500.

Thanks

regularsaver1

I think you are entitled to a breakdown as it was their error

Shazmar_2

Hi Pilchard, I also think you are entitled to a full breakdown as there is certainly some discrepancy between your figures and theirs. I also think you should at the same time as asking for the breakdown ask that your employer take you to the claims court and tell him you are no longer offering to pay it off at £500 a month you will plead poverty and he will have to take his chances on what the court decides. The court will not make you pay it off at any more than £500 a month as that is a more than reasonable offer. Explain to him it will take a lot longer to get to court than 7 days and possibly longer than four months and then the court may decide you should pay it off at £5 per month. Either way you will be quids in as your money will be in your pocket a lot longer. Don't worry about going to court, remember it is his problem not yours you did not cause the situation.

Never worry about what you owe there is always help, worry about what you are owed.

plumduff-2

Have look at the following...

click here

However, as you knew about it, it seems that you need to negotiate with the employer about the repaymenet of this.. the above is really to show you that they may not be allowed to take the moeny from your wages without prior agreement from you...

I would consider phoning ACAS about this, for help on what to do next.. alternatively contact your Union if you have one..

advent1122

Your employer has every right to recover any overpayment in one go.
I have known it happen in my works, one guy was "boasting" about how he got paid someone elses overtime by mistake, he didnt boast as much next month when he had it ALL taken back.
This might be difficuly as you no longer work for them so they cannot just take it out of your wages.
I think 4 instalments of £500 is very fair.

P.S. You much be on a hell of a whack if you didnt notice an extra grand in your wages.

Pilchard

Hi there

Thanks for all the advice. I knew about the extra wage in November and went in to tell them straight away. I didn't know about October as I had left the company and was owed a lot of overtime as well as holiday pay that they wouldn't let me take. I didn't have a pay slip as in their wisdom they put it in my pigeon hole rather than post it out to me. When I told them about the overpayment for November they then looked and said they'd look at October too. They didn't get back to me for 7 weeks with the figure I owed. It's not that I earn a massive wage, it's that when you hve left and don't have apay slip and they change the cut off date for overtime payments, it's very difficult keeping track of what they owe you.

Anyway. I'm going to a solicitor tomorrow as my current employer has told me they can't force me to pay it back all at once and that what I'm offering is fair.

Thanks again for offering advice.

Robert_Sterling

Whilst I too think it surpising that you did not notice an extra £1000 I also think it is unreasonable to expect it all back in one go. I would send them £100 and tell them that you will pay £100 per month until it is paid off provided that you are provided with a full break down of the over payment.

By the way it is probable that you have paid tax on the money you were over paid and also N.I. of £10.