Over paid wages - County court threat- HELP!!

forbesy123

Hi All

I hope I am the correct forum so here goes (fingers crossed)

I left my employer of 6 & a half years in early feb, final wage 28th feb.
I did not receive a wage slip or p45. At the end of March I received a letter claiming I was over paid by £580 and to send a cheque immediately.

I received basic salary, bonus, untaken holiday pay & redundancy pay. Therefore the amount was substantially higher than my normal salary and no final amount confirmed by my employer. I was unemployed and the majority of the money spent by the time I received the letter. I wrote to them requesting my pay slip and a breakdown of how the overpayment was made so I could arrange repayment.

2 weeks later I received the incorrect pay slip,the following week another letter requesting the amount in full. I again wrote to them requesting an explanation of why/how I was overpaid, so we could agree a repayment schedule. I never received a reply.

Today I received a letter from their solicitor saying it is a "letter of claim under the civil procedure rules 1998" basically saying they have written to me and feel I have do e nothing about it and that I must pay the amount in the next 7 days or my former employer will issue proceedings against me for breach of contract in the County court.

I want to repay the amount but feel it is only fair they tell me how the error was made as iv also over paid tax due to this. Can they actually take me to court in 7 days or is it a scare tactic to get the full amount. I can repay but it would be in instalments.

Any advice would be greatly appreciated. Thanks

Dovah_diva

I appreciate that your former employer has failed to provide the pay slips and breakdown you requested, but equally you obviously thought it had all gone away as you dod nothing following your last letter, sent (I assume) in April/May.

That said, they certainly can seek a CCJ against you. You need to write again, enclosing all previous correspondence, asking (again) for a breakdown of the overpayment. Emphasise your intention to pay once they have proven the overpayment, point out their lack of communication and state that you will defend, if they do not provide the very reasonable information you've requested. Send it recorded delivery.

They can commence with legal action, but if they do start proceedings you can defend, which will prevent them getting a CCJ quickly. However, you really don't want it to get this far as if they get a CCJ and you can't pay it all in 30 days you'll have a CCJ on your credit file for six years.

forbesy123

I did not assume it had gone away, i wrote to them recorded delivery in april recorded delivery and received no reply. I refuse to chase a company to pay back money i have said i an willing to repay as soon as they provide the required information.

Anyway I do appreciate your advice and I will respond to them immediately. If they file to proceed in court will they notify me, as I understand a hearing can take place even if you are absent.

AP007

forbesy123 wrote: »

I did not assume it had gone away, i wrote to them recorded delivery in april recorded delivery and received no reply. I refuse to chase a company to pay back money i have said i an willing to repay as soon as they provide the required information.

Anyway I do appreciate your advice and I will respond to them immediately. If they file to proceed in court will they notify me, as I understand a hearing can take place even if you are absent.

you checked the letter was received?

Dovah_diva

forbesy123 wrote: »

If they file to proceed in court will they notify me, as I understand a hearing can take place even if you are absent.

You should receive court papers, yes.

spacey2012

Write back stating:
With respect to your letter before action under civil procedure rules I am unable to make a formal response as you have failed to provide any proof of claim or any calculations as to how you have arrived at what you alleged to be owed if anything.
Please forward Proof of claim and a correct wage slip as is required by legislation and p45 .
Without sight of proof of claim I am unable to respond any further as I am unable to contemplate what it is you are claiming for without any proof.
This letter shall be used as legal evidence and a certificate of postage has been obtained.
Thank you .

forbesy123

Spacey2012 thanks that sounds like the perfect reply. Do you think I should state again that I will begin repayment when they have fulfilled my request.

I have checked the recorded delivery receipt and I can prove that it was received.

AP007

forbesy123 wrote: »

Spacey2012 thanks that sounds like the perfect reply. Do you think I should state again that I will begin repayment when they have fulfilled my request.

I have checked the recorded delivery receipt and I can prove that it was received.

So print of a copy of the signature and write back REGISTERED tomorrow with that and state you request proof etc

I take it you have a copy of the letter you sent?

forbesy123

Yes I do, I was going to write something along the lines of....


Dear xxx

I write in response to a letter received 1st August from your legal representatives.

I wrote to you via recorded delivery (copy of receipt enclosed) which was signed for by a member of your staff on 8th may 2013. The letter was marked for the attention if HR, even though effort was made on my part to resolve the matter your company chose to ignore my letter and not respond.

Since the issue came to light you have sent me the incorrect wage slip and not the corrected one. I have asked on numerous occasions for a breakdown of the payment of what I should of been paid in order to understand why I have been overpaid. It is not an unreasonable request. Upon receipt if this information I will be happy to begin repayment as requested.

You have also failed to supply my P45 even after 5 months of leaving the company. It is extremely unreasonable to with hold this due to the overpayment issue. HMRC are aware of this and they have received a detailed letter informing them if this issue.

If you chose to proceed with court action I will defend until the written breakdown had been supplied. I wish to resolve this matter as soon as possible as I am sure you do also.

Kind regards

ValHaller

forbesy123 wrote: »

Spacey2012 thanks that sounds like the perfect reply. Do you think I should state again that I will begin repayment when they have fulfilled my request.

I have checked the recorded delivery receipt and I can prove that it was received.

Spacey's letter is about right, but a little rough around the edges.

What you need to understand is that the solicitor takes what his client says more or less at face value You now have to present the fact that you have written to your former employer and requested information which you have a right to receive - and ideally do it in a reasonably polite way, because the solicitor will be minded to make sure his client complies.

So from this point of view, it is better to draw a distinction between the solicitor who is acting in good faith and the client - your former employer, who are being lazy and aggressive toads. Don't dump your justifiable frustration on the solicitor.

Funky_Bold_Ribena

forbesy123 wrote: »

Yes I do, I was going to write something along the lines of....


Dear xxx

I write in response to a letter received 1st August from your legal representatives.

I wrote to you via recorded delivery (copy of receipt enclosed) which was signed for by a member of your staff on 8th may 2013. The letter was marked for the attention if HR, even though effort was made on my part to resolve the matter your company chose to ignore my letter and not respond.

Since the issue came to light you have sent me the incorrect wage slip and not the corrected one. I have asked on numerous occasions for a breakdown of the payment of what I should of been paid in order to understand why I have been overpaid. It is not an unreasonable request. Upon receipt if this information I will be happy to begin repayment as requested.

You have also failed to supply my P45 even after 5 months of leaving the company. It is extremely unreasonable to with hold this due to the overpayment issue. HMRC are aware of this and they have received a detailed letter informing them if this issue.

If you chose to proceed with court action I will defend until the written breakdown had been supplied. I wish to resolve this matter as soon as possible as I am sure you do also.

Kind regards

No - the one that spacey said - keep the printout of the proof of postage until you have to prove you sent it.