Ex Company paid Student Loan from redundancy without my Consent

14wrence

Hi All,

I was wondering if anybody can please, please help me from a legal perspective. My company made me redundant last October. My redundancy pay was not taxed or NI deducted, but a large amount (to me anyway) was deducted for student loan payment.

I have been researching, and since found out, that student loan repayments should only be taken from taxable earnings. As my redundancy was not taxable, I therefore think that my ex company, has made a large student loan payment without my consent.

From a legal standpoint, do I have any rights to demand this back from my ex company, or demand they get it back from the SLC for me? Also does anybody know how I could legally word it to them?

If anybody could help I would most appreciate it. Since my former ruthless global company began offshoring all UK jobs - including mine, I have been struggling more, and my partner is now pregnant, so I could really do with claiming back anything I can - whether it be from the SLC or my ex company.

Thanks all....

jimclark1967

Your ex-employer will have finalised their 2013/14 payroll records by now and HMRC may even have sent deductions data to the SLC (who should produce your statement within about 2 years if you're lucky)

I suspect you'll have most luck pursuing this with the SLC. If you can provide them with a copy of the relevant payslip all the better. It's the same.

From the SLC website:

I think I have overpaid my student loan, what should I do?

You should contact us as soon as possible on 0300 100 0611.


You will be entitled to a refund if you overpay your loan but we can only authorise a refund either:

once HMRC confirms your total earnings and student loan repayments at the end of the tax year; or
you send us your pay slips showing your student loan deductions for the current tax year.

daisy23169

It might be worth just double checking the calculations on the payslip to see what has definitely been taken into account in calculating the student loan deduction - if you received holiday pay, bonus etc as well as your final salary and redundancy payment these would attract student loan contributions, and in some instances pay in lieu is NIable and therefore counts.

If your monthly salary alone is over £1409 then anything else on top which is liable for NI is also liable for student loan at 9% and it can soon mount up, so you may find it hasn't actually been calculated based on your stat redundancy pay as it first appears.

14wrence

Thanks both - will look into it.