Dispute with former employer/debt collectors

PerfectParadox

Hiya, First really sorry if this is the wrong board, I normally lurk on greenfingers and cross stitch cafe, but find I might need some help from here.

It's a bit of a long story but the crux of it is.

I left my job (resigned) due to bullying, work based depression and the insinuation that I would be fired due to following policy.
It will be a year since I left in may.

They wrote to me in september via a debt collector telling me they think they over paid me (sent me the workings out) and that this was my fault and I needed to give the monies back. I had been out of work since leaving this job, and did not have the amount to pay them back. Also having looked into the matter it was not my fault they overpaid me. their payroll dept sucked for our store and always had mess ups.

It gets a bit complicated as they are saying that I walked out of work on the thursday, sent my bf back in to tell them i wasn't coming back and (somehow) managed to go in hand in my resignation letter and then my signed off sick note post dated. Because of this payroll didnt sort ut the sickpay/normal pay and thus "overpaid"

However ( i can go into more detail if required)
small injury on thursday morning
sent on break and fainted
went back in, team manager sent me home saying no reprucusions would follow.
I went back in on saturday (day next rotaed to work)
Was told diciplinary action and measures would be taken, and i would more than likely lose my job.
Manager decided to talk to me "unofficially and would deny the converstation" and said many upsetting things.
I went back into work on Monday (next rotaed day) and a different Team manager was in, who was concerned about me and suggested I go to my GP (I had develoed stress related rash and couldnt eat)
Dr signed me off for 4 weeks strongly hinting that it would be enough time to cover my notice.
I returned to work, wrote up my resignation letter and handed both the sick note and resignation at the same time.

Now. Obviously they are saying I'm lying, but the account of events they have proposed just doesnt add up and is completly false in many places.

Question one : does it matter either way (aka even if it is their fault can then come after me for the money)

Question two : if it goes to a CCJ and its my word against theirs, do I need to be concerned that they are a huge company and I'm just one girl.


Sorry if I rambled. Or things are unclear. Hopefully someone can give me some advice.
I have kept every doctors sick note, transcript of meetings, pay checks, letters incase that helps.

Thank you for taking the time to read this..

Uncertain

PerfectParadox wrote: »

They wrote to me in september via a debt collector telling me they think they over paid me (sent me the workings out) and that this was my fault and I needed to give the monies back. I had been out of work since leaving this job, and did not have the amount to pay them back. Also having looked into the matter it was not my fault they overpaid me. their payroll dept sucked for our store and always had mess ups.

It gets a bit complicated as they are saying that I walked out of work on the thursday, sent my bf back in to tell them i wasn't coming back and (somehow) managed to go in hand in my resignation letter and then my signed off sick note post dated. Because of this payroll didnt sort ut the sickpay/normal pay and thus "overpaid"

If you were overpaid they have a right to the money back regardless of who's fault it was. They can seek to enforce this for up to six years (five in Scotland). Obviously if you do not have the money then their only option would be to take you to court. The court would decide at what rate it felt you could afford to repay. For this reason most employers will accept an undertaking to pay in reasonable instalments as that is all they would get anyway.

At the time you left you were presumably owed some holiday? Has this been correctly calculated. The firm are not entitled to withhold this or make any deductions for failing to work your notice. (In theory they might have a claim against you for this but it is rare and doesn't give them the right to withhold anything they owe you).

PerfectParadox

Thank you.

I will look for that paper work to have a look as to holiday. I don't think I had any as holiday was built up over the year and it was the start of the new working year.
I understand in all likely hood that I will have to find a way to pay back the £300ish (no not a huge sum but more than I have to part with)

I'm just majorly p/o as if they had said "ok, theres been an error" and never even tried to blame me for it, i would have sighed and sworn and then tried to deal with this earlier.

However because they are basically lying for no aparent reason as to why this happened, and coming up with a very skewed verison of events.

For a company which are meant to be amazing to work for I have not had that experience.

I never wanted to do an injury at work thing but now I feel like I should or will this just salt wounds and I should just cut ties?

thanks again.

Notmyrealname

PerfectParadox wrote: »

I never wanted to do an injury at work thing but now I feel like I should or will this just salt wounds and I should just cut ties?

thanks again.

Unless it was recorded in the accident book you're on a hiding to nothing. And as it was a small injury I doubt anyone will take your case on for free and a good lawyer on their side could prove it was a malicious claim.

Agree a repayment plan and move on. Some battles are just not worth fighting.

PerfectParadox

completly understand what you said there.

Not the finger slicing incindent though, 6 months before I slipped in the warehouse and twisted my ankle right round and had to get an abulance to hospital.
this was partly recorded in the accident book (I declined to sign at the time as I was high on gas and air and wanted to check the details when i came back. never saw the form again)

I was never given the full time off work to recoperate back at work withina week on two crutches as I was told it wouldnt be good for me to be away for any longer, exastibating the injury (I worked retial and in makeup, you need both feet and both hands), incuring further absences which landed me with an absence record that resulted in the april incident.

I have since spoken to the payment people, who actually took my side on the issue on the first post, and set up the payment plan.

I'm ust !!!!ed off at a company who are meant to be so good and yet everything I saw in 2 years makes me wish I never had to use their stores again.

PerfectParadox

Actually Mrsmsport, you have no idea how nice it is to have someone say something like that. I loved my job I truly did, it was just the way that store operated with managers and dirty tactics.
I did get a good bit of closure when I got a new job at the sister company of their closest rival over christmas. I alwas threated to defect...

Thanks again.
x