Overpayment claim from royal mail

gemineyegirl

THANKS MONEY EXPERTS IN ADVANCE for your brill advice.

My partner has received a letter today a Notice of Intent from Royal Mail, claiming that they had over paid him in the year 2011. He left at the beginning of 2012 to start a new job.

He doesn't feel he was overpaid (his weekly wage was a shambles anyway) and he never received any monies promised for expenses even though he handed in receipts.

This appears to be very unfair , however this Notice of Intent says he has 5 days to respond to pay £256 back or else. It states there will be no more letters sent.

What should he do ?

Thank you again

Gem x :-)

jacques_chirac

Ask for a breakdown of what they claim is owed.

ableandy

In order to show that an overpayment is not recoverable, then the employee must demonstrate three things.

Firstly, it must be shown that the overpayment was the fault of the company and not the employee.

Secondly, it must have been reasonable for the employee not to know that they were being overpaid.

Thirdly, the employee must have acted to their disadvantage or the assumption that the payment of salary was correct (for example by spending the money!).

The most common difficulty for employees is the second condition since it is often obvious when an overpayment has occurred. It is not acceptable for an employee to assume that they have received a substantial increase in pay unless there is some reason to believe that this is the case.

Your best bet would be to ring ACAS for free legal advice.

sniggings

gemineyegirl wrote: »

THANKS MONEY EXPERTS IN ADVANCE for your brill advice.

My partner has received a letter today a Notice of Intent from Royal Mail, claiming that they had over paid him in the year 2011. He left at the beginning of 2012 to start a new job.

He doesn't feel he was overpaid (his weekly wage was a shambles anyway) and he never received any monies promised for expenses even though he handed in receipts.

This appears to be very unfair , however this Notice of Intent says he has 5 days to respond to pay £256 back or else. It states there will be no more letters sent.

What should he do ?

Thank you again

Gem x :-)

easy...work out what dates he worked there, what wages he should have received for that time, if it was £256 more than he earned, he owes the money, then ring RM and make arrangements to pay it back.

gemineyegirl

Thanks everyone...he intends to ring them Monday but ableandy is the most correct as my partner can be honestly assumed to be all 3 options that he has said.
1. It is the company's fault.
2. His wages were so low any way he could never see where the over payment was (he has no payslips either to record) and
3. All monies were spent to feed and pay bills.

he will ring ACAS 1st thing Monday

Gem x:-)

AP007

gemineyegirl wrote: »

Thanks everyone...he intends to ring them Monday but ableandy is the most correct as my partner can be honestly assumed to be all 3 options that he has said.
1. It is the company's fault.
2. His wages were so low any way he could never see where the over payment was (he has no payslips either to record) and
3. All monies were spent to feed and pay bills.

he will ring ACAS 1st thing Monday

Gem x:-)

Why was he getting no payslips?

Ask for copies and compare to the amounts that were paid - I am assuming it was paid via bank transfer?

Ask how they think he has been over paid and for a full break down.

Oh yes remember he only gets NET paid to him so make sure they are not asking for GROSS pay.

marybelle01

gemineyegirl wrote: »

Thanks everyone...he intends to ring them Monday but ableandy is the most correct as my partner can be honestly assumed to be all 3 options that he has said.
1. It is the company's fault.
2. His wages were so low any way he could never see where the over payment was (he has no payslips either to record) and
3. All monies were spent to feed and pay bills.

he will ring ACAS 1st thing Monday

Gem x:-)

Simply because the advice suits what you wish to believe does not make the advice the "most correct".


1. It does not matter whether it is the company's fault or not - if you have been overpaid, whoever was at fault, the employer can claim it back for a period of up to six years.


2. His low wages were is completely irrelevant. I do not believe that the Royal Mail does not issue payslips.


3. It does not matter what you spent the money on if you were overpaid.


In fact the correct advice is from Jacques Chirac - ask the employer for proof of what is owed and why.


It is possible, but very hard, to defend such a claim if you actually do owe them money. But the first stage is to find out what they say you owe.


What someone writes on a signature does not make it true, or their advice correct - this is an anonymous user forum. Don't assume someone is correct because you want to think they are right. It could cost you dearly.


Ask Royal Mail for proof of the overpayment, then come back.

marybelle01

gemineyegirl wrote: »

Thanks everyone...he intends to ring them Monday but ableandy is the most correct as my partner can be honestly assumed to be all 3 options that he has said.
1. It is the company's fault.
2. His wages were so low any way he could never see where the over payment was (he has no payslips either to record) and
3. All monies were spent to feed and pay bills.

he will ring ACAS 1st thing Monday

Gem x:-)

Simply because the advice suits what you wish to believe does not make the advice the "most correct".


1. It does not matter whether it is the company's fault or not - if you have been overpaid, whoever was at fault, the employer can claim it back for a period of up to six years.


2. How low his low wages were is completely irrelevant. I do not believe that the Royal Mail does not issue payslips.


3. It does not matter what you spent the money on if you were overpaid.


In fact the correct advice is from Jacques Chirac - ask the employer for proof of what is owed and why.


It is possible, but very hard, to defend such a claim if you actually do owe them money. But the first stage is to find out what they say you owe.


What someone writes on a signature does not make it true, or their advice correct - this is an anonymous user forum. Don't assume someone is correct because you want to think they are right. It could cost you dearly.


Ask Royal Mail for proof of the overpayment, then come back.