I've been overpaid by my employer

Firefox1975

What have you been doing with the extra £200 a month?

because whatever you were doing with it - stop it - and use the extra money to pay them back?

Unless it was necessary to pay all bills and food etc. in which case you need to re evaluate completely and may have bigger problems ahead.

SarEl

liggins wrote: »

They cannot take it directly out of your wages without your consent, but they can take you to the small claims court to attempt to get it back.

Not true. An error in wages or expenses is specifically excluded from the protections against deductions from wages made in the ERA (1996). It is therefore lawful for the employer to make any deductions they want provided that they do not reduce the wages below the level of the National Minimum Wage, and you cannot complain to a tribunal about such deductions.

helliesin

Uncertain wrote: »

I would suggest you post on the debt free board to get some advice about how to trim your costs.

I am fully in organised financially and in control of my finances thank you, which i why I am saying I can only afford a small amount rather than crippling myself to pay back this debt that isnt really my fault.

I asked for advise on where I stand legally regarding paying this debt back in installments, I do not need advice about my general finances.

planning303

SarEl wrote: »

Not true. An error in wages or expenses is specifically excluded from the protections against deductions from wages made in the ERA (1996). It is therefore lawful for the employer to make any deductions they want provided that they do not reduce the wages below the level of the National Minimum Wage, and you cannot complain to a tribunal about such deductions.

Good point, well presented

Uncertain

helliesin wrote: »

I asked for advise on where I stand legally regarding paying this debt back in installments, I do not need advice about my general finances.

I'm sorry but if you GENUINELY cannot afford more than £20 a month to pay off a £200 a month overpayment then you do need to sort your finances out.

Legally you have no right to instalments at all. As stated your employer could either stop it out of your wages all the way down to national minimum wage level or take you to court. If they do that you will incur extra costs and the court will decide what you can afford to repay.

this debt that isnt really my fault

Gives you no protection at all I'm afraid.

t0rt0ise

What a nasty lot you are! The OP is worried enough as it is without your talk of court and the employer simply taking the money. It's pretty obvious the employer is not going to just take it back or they wouldn't have said they'd wait for the manager. They are obviously wanting to sort it out amicably. Be truthful with your manager and they will help you to negotiate and affordable plan.

Uncertain

t0rt0ise wrote: »

What a nasty lot you are! The OP is worried enough as it is without your talk of court and the employer simply taking the money. It's pretty obvious the employer is not going to just take it back or they wouldn't have said they'd wait for the manager. They are obviously wanting to sort it out amicably. Be truthful with your manager and they will help you to negotiate and affordable plan.

In other words, "There there dear"!

The OP "asked for advise on where I stand legally regarding paying this debt back in installments"!

somethingcorporate

No-one has been nasty t0rt0ise, only explaining what could actually happen.

It does sound like the company may play ball so it may be premature but it is better to be in full knowledge of what could happen.

t0rt0ise

Uncertain wrote: »

In other words, "There there dear"!

The OP "asked for advise on where I stand legally regarding paying this debt back in installments"!

They've already been told that they have to pay it back etc etc so rubbing it in that they could end up in court or could do this or that while they are already worried sick isn't helpful. The idea is not just to offer advice (or even advise if you can't spell) but to do so with thought.

Uncertain

t0rt0ise wrote: »

The idea is not just to offer advice (or even advise if you can't spell) but to do so with thought.

I can spell thank you!

If you look you will see that the line is in inverted commas as it is simply cut and pasted from the OP's post!

Not that you seem to have noticed it "installments" is also spelt incorrectly - should be one L and not two!

You might also like to correct your previous post.........

Be truthful with your manager and they will help you to negotiate and affordable plan.