Does Estoppel apply in my case. Please help!

Jobbobiwan

Hi guys i am in a bit of a bind. I have asked in another forum but i am asking here too.

In 2008 i quit my job, but my employer carried on paying me. I contacted them after the first mistake via the telephone and they said they would sort it out.
It kept happening and i called again to inform them. (Twice in total) again they ignored me. This carried on for 6 months and roughly about 6,000 got deposited into my bank account.

I waited for a while but eventually spent the money. Today i get contacted by them 3 years later informing me i have to pat it all back.
I am currently unemployed and literally have nothing in my account and there is no way i can afford to pay back £6,000 at this point in time.

What are my options here? Any information or links to website with relevant information will help greatly.

Thanks

Jarndyce

Jobbobiwan wrote: »

Hi guys i am in a bit of a bind. I have asked in another forum but i am asking here too.

In 2008 i quit my job, but my employer carried on paying me. I contacted them after the first mistake via the telephone and they said they would sort it out.
It kept happening and i called again to inform them. (Twice in total) again they ignored me. This carried on for 6 months and roughly about 6,000 got deposited into my bank account.

I waited for a while but eventually spent the money. Today i get contacted by them 3 years later informing me i have to pat it all back.
I am currently unemployed and literally have nothing in my account and there is no way i can afford to pay back £6,000 at this point in time.

What are my options here? Any information or links to website with relevant information will help greatly.

Thanks

Oh dear. They can legitimately claim the overpayment back within 6 years I'm afraid.

Clearly as you informed them at the time you were aware of the overpayment so you cannot claim otherwise. All you can do is pray on their better nature to allow you to pay it back over a very long time - and let them know how destitute you are now, lay it on thick, so that they know there's no point taking you to court for it.

Annisele

I'm not a lawyer, but I agree with Jarndyce.

If you could somehow have (plausibly!) argued that you hadn't known the money wasn't yours and you'd spent it in good faith, then you might have been able to use estoppel as a defence. However, you did know the money wasn't yours - and they know you know that, because you told them so when you called them.

DVardysShadow

Annisele wrote: »

However, you did know the money wasn't yours - and they know you know that, because you told them so when you called them.

But are they prepared to look stupid enough to admit that they had calls? Op should have written a letter and kept a copy. And shoved the money in premium bonds.

keithdc

Does estoppel apply?

No!

Tiddlywinks

Estoppel? What action or inaction on your ex-employer's part indicated that the money was yours to spend?

Perhaps you could have been proactive in sending them a cheque to address the issue? Or placed the funds in a deposit account?

You made two phone calls huh? Wow, that really was making an effort to right the situation. How can you evidence the calls?

Jobbobiwan

To the people who made constructive replies...thanks, you helped make make some sense of my situation.
Just to make clear when i said i called twice, i called the first and second time over-payments were made. Each conversation was lengthy and each time was told "we'll stop the payments and send you details on how to repay the money". Nothing happened it was like they didnt care or bureaucracy ate it up....whatever.

I could have tried harder or made sure i had proof i contacted them like someone mentioned (emails or letters). I was 19 at the time, so i'll put it down to a lack of knowledge on how to handle the situation and learn from it.

Again thanks to the people who made constructive replies

SarEl

Jobbobiwan wrote: »

To the people who made constructive replies...thanks, you helped make make some sense of my situation.
Just to make clear when i said i called twice, i called the first and second time over-payments were made. Each conversation was lengthy and each time was told "we'll stop the payments and send you details on how to repay the money". Nothing happened it was like they didnt care or bureaucracy ate it up....whatever.

I could have tried harder or made sure i had proof i contacted them like someone mentioned (emails or letters). I was 19 at the time, so i'll put it down to a lack of knowledge on how to handle the situation and learn from it.

Again thanks to the people who made constructive replies

I presume that means the ones you like? Because they were all constructive whether you liked them or not. You knew the money wasn't yours. You could have solved the problem - and not spent it - by writing a cheque and returning it.

Jobbobiwan

Erm no i meant the ones that were constructive. If i meant the "ones i liked" i would have said that or something along those lines. Unless you'd like to argue that your idea of constructive should be the same for the entire planet?


It's pretty clear from my previous post that i have accepted i am at fault and will go ahead with some repayment plan.
Your reply was pointless and really achieves nothing. Please don't waste another second on my thread. There are numerous other threads created by other newbies who will greatly appreciate your input. lol

*As some on here make incorrect presumptions. I just want to clarify, i was being facetious in that last sentence*

Tiddlywinks

So, which posts weren't constructive?

Please do let us know so that we can try harder next time to find a way to help someone avoid paying back money they should never have retained and spent.

Jobbobiwan

[FONT=&quot]Wow loads of butt-hurt people on here. I asked what my options were not "please tell me how to avoid paying".
In fact to me, the soundest or most constructive advice i received was by Jarndyce who suggested/recommended i write explaining the situation and arrange some repayment plan. That’s totally the opposite of "avoid paying".

Not that it really concerns anyone but i just finished uni in july, so when i saw the letter i freaked out and came seeking advice as i literally am broke. It wont be a problem come mid nov/dec, when i am hopefully in a graduate role.

ps Jarndyce if i could thank you a 100 times i would. It didn't even occur to me i could try to make the repayment more manageable. I just saw 6 grand and was like "i don’t have that in the bank!". lol".".[/FONT]