Overpayment from Employer

13

Comments

  • just a line to say ask them for the tax you have paid on the overpayment to be deducted from the total amount as if not you have been hit twice for their mistake. it worked for me. every penny counts. good luck
  • Apologies for resurrecting an ancient thread.

    I have been made aware that I have been paid full time rate (5 day a week) despite working 3 days per week on a part time basis since the end of March in 2008.

    This followed having my contract altered at the start of January in 2008 to work full time for 3 months on a full time basis, but the contract wasn't alterered to reflect reverting back to part time work schedule and thus, a part time wage.

    I am told I owe my company 10k despite having a written letter from a personnel officer in the HRM in 2008 that alterations to my salary would be changed. I gave my written consent to HRM's statement to make such changes assuming they would.

    They have used the factor of there being text at the bottom of my monthly payslip being my responsibility to check and that I should report any mistakes I think exist to the payroll department.

    To be honest, I do not check my payslips and due to my personal circumstances do not budget my income with the information of the payslip in mind.

    The head of HRM I had to deal with made a lot of assumptions based on a generalised view of what they consider the normal view of human behaviour. In front of my line manager too who I had with me.

    Very simply - how they would expect a person to act with regards to studying the money they have coming in.

    For my own reasons I don't. The same individual didn't even inform of my rights and it has been left expected that I am going to admit liability despite the fact HRM failed to contact the payroll department and inform them of alterations in my wages.

    To this end, unless I have it stated in my written contract of employment that I am to pay alleged overpaid wages how am I liable to pay what they consider an overpayment?

    I am not giving my consent or signing any form that admits I acknowledge the totals on the payslips as overpayments because that is admitting I am liable.
  • tomterm8
    tomterm8 Posts: 5,892 Forumite
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    Linus81 wrote: »

    To this end, unless I have it stated in my written contract of employment that I am to pay alleged overpaid wages how am I liable to pay what they consider an overpayment?

    I am not giving my consent or signing any form that admits I acknowledge the totals on the payslips as overpayments because that is admitting I am liable.

    If they make an overpayment in error, then they have a legal right to reclaim their money through the courts. There are defences to the right of action, at law, such as change of position... that is, that you mistakenly thought the money was yours, and you spent the money in good faith. Bottom line is you need professional legal advice, though, and that in general the best advice is to agree a long term repayment plan. Do not sign any documents without legal advice, however.

    BTW, Courts expect you to check your pay check / bank etc...
    “The ideas of debtor and creditor as to what constitutes a good time never coincide.”
    ― P.G. Wodehouse, Love Among the Chickens
  • thread ancient maybe, personally important yes.

    my wife just found out she's been overpaid for about 2 and a half years by a certain north wales county council. for several reasons we didn't notice the payroll office's claim of paying her for a 5 day schedule when she only works 4 days weekly.

    the simplest reason is that the pay slips are difficult to decipher, as they have also admitted. they say the mistake began when she changed from temporary locum to permanent empoyee which brought a change from weekly to monthly pay periods. further confusion has been caused by several paygrade and hours worked adjustments as well as backpay complications, varying travel expenses, and student teaching sidework. i'd guess that we've never recieved two identical pay slips.

    now she's on a secondment to another county till april '10 at some other unclear payrate including some other travel expense formulas. it was in trying to sort out this sketchy secondment arrangement that brought this problem to someone's notice. we haven't had formal notice yet but have been told that the county payroll will turn this clawback case, estimated to be around £10K, over to some scary sounding county collections department who will contact us "soon".

    based on previous comments here it looks like we might claim that our normal pay should be our 'Normal Pay'. but unlike a case above we don't have a letter stating that our pay rate was correct. we will being pouring over the various contracts and pay slips but it seems that case can be made that the basic salary amount was never made obvious and that we never had reason to understand or question it.

    so i surmise the following:
    they will ask for a repayment AND ask to adjust the current salary, but may impose both of these without consent or court involvement;
    if we intend to protest past or future payment adjustments we should not sign any related agreements;
    there will be no real penalties for taking our time and thiers in obtaining and reviewing the everchanging payroll history in this case;
    only a court decision can impose deductions from payment by another employer;

    we could accept that the current pay rate should be changed to whatever was intended without being expected to pay anything back(that we don't have) but all the talk here seems to imply an all-or-nothing approach, as if by allowing any change then we have to take the fullest retro-active responsibility.

    might i get more specific advice from the CAB? how do i locate decent legal advice in this sort of case?

    please comment.
  • superflygal
    superflygal Posts: 1,122 Forumite
    edited 6 August 2010 at 12:17PM
    Hi folks,

    Just found this thread on google!!

    I have been overpaid £400 (Apparently).

    I was sent a form demanding the money in full or at £40 a month. I work part time so disputed this folling advice from ACAS. ACAS suggested I write to them and tell them I accepted the money in good faith, as such spent it and to repay now would cause financial hardship. The company took a month to reply; they sent me a prinout of wages paid in tax year 2008-2009, which just tells me the amount they paid. It doesn't say what I should have had.

    I could not have known the amount paid was incorrect as I was working a different position in the company due to pregnancy, and it was my allowances that were calculated by them that were apparently wrong.

    The last letter from them ordered me to sign a repayment agreement or face court. I have written back to say I can't afford £20 a month (the revised rate) and the maximum I can pay is £10pcm. Its so horrible to have a £400 bill out of the blue!

    Can anyone offer any advice? Is there any other channel I can pursue? I am with Amicus, but think they aren't very supportive?

    Thanks!

    SFG x
  • dancingfairy
    dancingfairy Posts: 9,069 Forumite
    I would write back to them stating that you have not had sufficient explanation of how you were overpaid. Also that if they can prove to you that you were overpaid then you can pay it back at 10 pound permonth and that is all you can afford.
    I don't have any better advice really - they can take you to court but without proving you owe the money and by refusing your offer of what you can afford then I would hope that a judge would see sense and either throw them out or make an order of 10 pound per month.
    Hopefully some other people might have a better suggestion.
    df
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  • MrsPorridge
    MrsPorridge Posts: 2,904 Forumite
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    This has happened to me twice in my lifetime (waiting for the third time). I did not realise it. I had to pay the money back - even went to a solicitor and a trade union but no joy.

    Needless to say I now double-check my payslips regligiously and any abnormality no matter how small I am straight on to the payroll department to check that its all OK.
    Debt free and Keeping on Track
  • Not sure if this is the correct thread but I have an overpayment problem that's nothing to do with employers or councils, it's purely a private matter.


    A few months ago I accidentally overpaid someone by just over two hundred pounds; the overpayment was a simple mistake on my behalf and I didn’t notice it for several weeks. The recipients acknowledged receipt of the money at the time but failed to tell me they had been overpaid, although they have since admitted this (I'm being kind and accepting they saw the payment come into their bank account but didn't realize how much it was for). However, even after several weeks they are now reluctant to give me back the excess money; they are procrastinating and avoiding my requests.

    To resolve the matter can I treat this as a simple debt and sue them in the County Court, or does the fact that it was a mistake on my behalf negate any further action?

    TIA

    Ian Coherent
  • advice welcome please.

    my partner has worked for the same company for 3 years. He was on a 90 day redundnacy notice & got his wages fixed dispite a restructuring where he was demoted. after the end of the protection period he continued to be paid at the higher rate for 3 months, he was issued a new contract but it had the higher wage & job title on it. we were made aware of the overpayment 6 months after it happened but queried the ammount. we then got no reply for 6 months & then got given a higher figure to reply.

    so if the company cant make up their mind how much is owed, can we haggle based on out own calculations?
    also if his contract (signed and dated by the company) says he was on the higher wage & higher job title & that time can we argue at a tribunal (there are other issues too) that he was being paid correctly? i add that he was verbally aware at the time of his new position but was still performing the duties pertained to the higher role & wage.

    thank you for any help...
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    advice welcome please.

    my partner has worked for the same company for 3 years. He was on a 90 day redundnacy notice & got his wages fixed dispite a restructuring where he was demoted. after the end of the protection period he continued to be paid at the higher rate for 3 months, he was issued a new contract but it had the higher wage & job title on it. we were made aware of the overpayment 6 months after it happened but queried the ammount. we then got no reply for 6 months & then got given a higher figure to reply.

    so if the company cant make up their mind how much is owed, can we haggle based on out own calculations?
    also if his contract (signed and dated by the company) says he was on the higher wage & higher job title & that time can we argue at a tribunal (there are other issues too) that he was being paid correctly? i add that he was verbally aware at the time of his new position but was still performing the duties pertained to the higher role & wage.

    thank you for any help...
    Advice? Start a NEW thread. People will just read the first few posts and answer the original problem, rather than yours although it is 4 years old. And if anyone does answer your problem, the time they spent reading through the old stuff they will never get back
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
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