Over payment of salary

bazmich

My daughter received overtime in her last pay, which she never asked for, when she left her job. She thought it was holiday pay so never queried it. Then a few months later received a letter saying she owed the money her boyfriend told her she didn't have to pay it back as it was their error. Is this true as they have now passed the debt to a debt collector.

miduck

Her boyfriend is wrong. If they have demonstrated that she owes the money, she is liable to pay it back. She can make a repayment arrangement if she cannot afford to pay it in one go.

paddedjohn

bazmich wrote: »

My daughter received overtime in her last pay, which she never asked for, when she left her job. She thought it was holiday pay so never queried it. Then a few months later received a letter saying she owed the money her boyfriend told her she didn't have to pay it back as it was their error. Is this true as they have now passed the debt to a debt collector.

Sorry but as already said, her boyfriend is wrong and she needs to arrange to pay the cash back before it goes too far and affects her credit rating.

ruggedtoast

She must pay it back, but, if it goes to court the judge is likely to award a very lenient repayment plan; sometimes only a few pounds a month.

Source: Worked in a public sector organisation whose HR department often didn't bother to tell payroll when people had left. One woman being paid for nine years (thats nine years) after having left.

Daedalus

She is liable to pay it back, yes. If she has spent it believing it to be legitiment money then she can try to rely on estoppel.

Russe11

surely if its been passed on to a collection agency then the company won't be pursuing it legally for the time being, if it was me i'd just tell the collection agency to go do one.

bazmich

Thanks guys for your help I will pass on the advise

InsideInsurance

ruggedtoast wrote: »

She must pay it back, but, if it goes to court the judge is likely to award a very lenient repayment plan; sometimes only a few pounds a month.

The leniency of the plan depends on the persons affordability of repayment. If your a company director earning millions you wont get a repayment plan of a few pounds a month. If you are struggling financially then yes it will probably be a little more lenient than if your actions caused the problem