Ex-employer Overpaid Me Says I Owe It Back and Has Given Me Ultimatum of 5 Days

courteen

Basically my ex-employer (left company just over a month ago) says over the phone that they overpaid me around a grand and have given me five days to pay it back before they send it to the debt collectors.

Of course I will pay it back but can they set this ultimatum as I'd like a break down of how they miscalculated my pay first? Each month varied when I was working there because of masses of overtime etc.

What are my rights and has anyone dealt with this before? Any help would be greatly appreciated.

Loft_Boy

Definitely acknowledge their phonecall. That way you are covered to an extent (if you beleive you have ben overpaid)

Send them a letter recorded delivery saying that further to your telephone discussion you are surpirsed that they believe you owe them £ X and that in order to get this resolved you will need a full breakdown.

Also if this has been payrolled properly then this could cause issues with the amount of tax you could end up paying going forward and that the 5 days turnaround is both unrealistic and unfair in order for both you and them to get it rectified.

See what they come back with

Good Luck

AP007

they need to run a negative payroll and issue you with a slip showing the - figure ie the amount you are going to pay them back as it should only be NET not gross you pay back

But as stated you need a brake down as to what weeks/months you were over paid and what the gross and net should have been on each payment against what you got paid

Daedalus

Acknowledge the existence of their concern and it remains a civil matter in which the 5 day ultimatum is nonsense. Ignore them and you stray into theft.

Or, spend the money and claim estoppel...

drbraindead

I do not know anything about this matter legally, but if someone over pays you money into your bank, surely that cannot be classed as theft.

eg: I give someone a ten pound note, next day I want it back? eh!!!

ValHaller

drbraindead wrote: »

I do not know anything about this matter legally, but if someone over pays you money into your bank, surely that cannot be classed as theft.

eg: I give someone a ten pound note, next day I want it back? eh!!!

If it is your £10, you are a nobody to the police. If it is an employer's £10, well watch out.

AP007

drbraindead wrote: »

I do not know anything about this matter legally, but if someone over pays you money into your bank, surely that cannot be classed as theft.

eg: I give someone a ten pound note, next day I want it back? eh!!!

If you were not expecting it ie: you got it in error or by accident the person who paid you can request the £ or take you to court as it IS theft

ValHaller

AP007 wrote: »

If you were not expecting it ie: you got it in error or by accident the person who paid you can request the £ or take you to court as it IS theft

So I get some money I don't expect and if the person who paid it does not ask me to return it, it is theft and they can take me to court?

I think you need to be a tad more careful and precise about this kind of thing.

AP007

ValHaller wrote: »

So I get some money I don't expect and if the person who paid it does not ask me to return it, it is theft and they can take me to court?

I think you need to be a tad more careful and precise about this kind of thing.

IF the person or company know your account and address etc and you were just paid in error they can ask you but if a random person was paid in error ie they keyed in the wrong bank acct details and some random person gets paid their bank has to write to the bank where then money went and them in turn write to the person who was in receipt of the payment.

They can ask them to return the payment and if not they can take them to court.

In the OPS case the employer knows they have overpaid them and the OP would have to prove they were entitled to this £

IF the employer has asked them to pay it back they need as already suggested to get a break down and a negative payslip so they can return the payment

If the op gets the breakdown and then still don't pay they the company can take them to court and get the lawyers on board

ValHaller

AP007 wrote: »

In the OPS case the employer knows they have overpaid them and the OP would have to prove they were entitled to this £

Nope. Particularly if it is an expected (in the sense of date rather than amount) salary payment, the onus is on the employer to prove that OP is not entitled to the money.

That is why the standard advice on here, when employers come sniffing to take salary back, is to ask for a breakdown in the first instance. Although some people still do tend to reply mistakenly that OP's should pay the money back without questioning first.

AP007

ValHaller wrote: »

Nope. Particularly if it is an expected (in the sense of date rather than amount) salary payment, the onus is on the employer to prove that OP is not entitled to the money.

That is why the standard advice on here, when employers come sniffing to take salary back, is to ask for a breakdown in the first instance. Although some people still do tend to reply mistakenly that OP's should pay the money back without questioning first.

If your monthly pay was £1000 every month you for sure aren't entitled to £1,000,000 if get that in error and I have not said pay it back I have said ask for the breakdown and a negative payslip

They need the breakdown in gross and the net paid etc

But we are back to the good old question 'how do people NOT know they are being over paid'? I will never understand that!