Overpayment from Employer

peterc2609

Hi,

Just returned from a week in the sun to find a Small Claims summons kinda thing on my doorstep!

Basically, I worked for this employer for around about 12 months, 2 years ago.

When I left, they paid me for 2 months without realising... and I didn't realise either.....

They contacted me and asked for it all back... I had spent it.... as I wasn't very good at managing money then! I said that they would have to take instalments and they said they would send out a incoming and outgoing expenses form etc.... which I never received.....

A few months later, I moved house.... and never heard anything..... until now....

No attempts to contact me etc and now they are suing me.... what should I do??

I can understand if this was a small company who made mistakes on wages and salaries etc..... but it's actually the local council....

Its their mistake.... do I even have to pay it back???

Just need some advice.

Thanks.

Peter

tigtag02

Hi Peter

Unfortunatley yes, you do have to pay it back.

It would have been better for them to contact you direct to make arangements than going to a small claims court but the law is on their side!!

tigtag

leics_poshie

When I left, they paid me for 2 months without realising... and I didn't realise either.....

HHHMMMMMM

I would know if i was paid double the amount

You shouldnt have gone out and spent it all

peterc2609

OK...so I have to pay it back.... no probs with that....

But what do I do with regards to the summons paperwork? It was issued on 12th April.... but I only got home today....

Do I call the Council or go ahead with court...?

I just want to pay in instalments as agreed....

peterc2609

leics_poshie wrote: »

HHHMMMMMM

I would know if i was paid double the amount

You shouldnt have gone out and spent it all

I know that now!!

At the time.... I was young and foolish.... with piles of unopened bills, bank statements etc... I just used to go to the ATM and try for anything....

Which is why I am now claiming bank charges back!!!

tigtag02

peterc2609 wrote: »

OK...so I have to pay it back.... no probs with that....

But what do I do with regards to the summons paperwork? It was issued on 12th April.... but I only got home today....

Do I call the Council or go ahead with court...?

I just want to pay in instalments as agreed....

I'm not sure on this bit peter - I would maybe give them a call - although I'm sure that someone who knows will be along soon with answers :)

tigtag02

leics_poshie wrote: »

HHHMMMMMM

I would know if i was paid double the amount

You shouldnt have gone out and spent it all

Maybe - be we are not here to judge!!!!!!

tomterm8

Um... has the small claims form actually got the stamp of the local court on it? I'm a little surprised that they would go to court action on the first instance, and I might very well go into the local court and ask them what my options were.

peterc2609

Spoke to the council..

Looks like I'll have to pay it all in one go to avoid a CCJ, :mad:

Yes the papers had the stamp on them

tigtag02

Bad luck peter!!

It was a bit !!!!!! of them to go straight to the small claims court!!

raq

Back a couple of years ago I had experience on the wages side for a large company. The amount of advance payments that went out to employees via cheque and then the company suppose to take it automatically out of that persons wages at the end of the month was a real eye opener. Very very rare anything was chased up.

Just unfortunate for yourself that are looking into it now.