Salary Overpayment Repayment

Fraulein_Kunst

I can't really offer any more information than others have provided, but people really should remember to use a bit of empathy on these forums.

You have to appreciate that all our circumstances are different. Just because you cannot foresee a situation where you cannot afford to pay more than £1 a month does not mean that situation cannot exist.
I have been there myself, where you end up losing weight because you can barely feed yourself and have to try to ration meals to get the right nutrition.
Count yourself privileged that you have never been there/cannot imagine it and show a little compassion, or at the very least provide an objective response to the question being posed.

mountainofdebt

OP have you thought about doing something like mystery shopping to supplement your income?

The company I mystery shop for pays every two weeks and whilst its never going to make me a fortune it might help in clear the debt you have with the council

ClareH1963

Thanks for the recent responses - much more helpful! They have had a sudden turnaround and accepted that my financial situation is such that I cannot pay it in full and I have got them to agree to £2/month until cleared and I have it in writing! I really appreciate all the helpful and constructive replies.

ClareH1963

Fraulein_Kunst wrote: »

I can't really offer any more information than others have provided, but people really should remember to use a bit of empathy on these forums.

You have to appreciate that all our circumstances are different. Just because you cannot foresee a situation where you cannot afford to pay more than £1 a month does not mean that situation cannot exist.
I have been there myself, where you end up losing weight because you can barely feed yourself and have to try to ration meals to get the right nutrition.
Count yourself privileged that you have never been there/cannot imagine it and show a little compassion, or at the very least provide an objective response to the question being posed.

Thanks - much appreciated! It's not as if I am trying not to pay - I feel strongly that debts should be cleared, but I have to live and provide for my son. Grateful for the understanding.

ClareH1963

LandyAndy wrote: »

If they do take you to court then they can, but may not, claim interest on the £48 going back to 2008 at the statutory rate of, currently, 8.5% pa. But they will certainly add their court fee to the debt. This would be £35.


But, TBH, I think they are bluffing. You have an agreement with the County Council at the time an d I think a court would uphold that. Clearly it is a PITA for them to administer it for another 4 years and they would like it settled for ease on their part. I think a judge would take a dim view of them suing you and I imagine they know that.

Thanks very much for the advice.

ClareH1963

jobbingmusician wrote: »

I think you have ALL missed the point, though. Yes, I agree that 10 years is a ridiculously long time to pay back £115, BUT THEY AGREED TO IT. The OP's question is

As they agreed to it, and I have never defaulted, can they now demand immediate repayment?

The answer to that would depend on what was written in the original agreement. If, as I suspect, nothing was written down, then I would guess - and it is a guess - that they can. If the loan agreement was in writing with terms and conditions, then only the T & C can answer the question.

However, leaping from an over-generous agreement to demanding full repayment is also ridiculous. The REALLY stupid thing is that if your circumstances are as dire as you describe, it is entirely plausible that a debt recovery company would end up with an agreement to pay ..... £1 a month. But of course the Council would have sold the debt on.

One for the CAB, maybe? I will have a think but am scratching my head, here.

Go to the DFW board and read a few threads - the statement of account thing will become clear. Sorry, out of time now, running to a meeting.

Thanks for your help

ClareH1963

Undervalued wrote: »

I completely agree with your first paragraph.

The fact that the OP has been paying the agreed amount each month (and that they have been accepting it) for five or six years (!!!) would seem to me to be proof enough of the agreement.

So, unless they can produce evidence that it was agreed that the monthly amount was subject to review I think the OP can dig her heels in and tell them to stick to the agreement.

However, if you do this then DO IT IN WRITING, keep a copy and make sure you keep proof of payments (bank statements etc).

Thanks for the advice

ClareH1963

kazzah60 wrote: »

I am sure that IF this matter went to court the Op could argue that her employers are NOT going to be financially worse off if she is unable to repay the £48 debt immediately

whilst it is easy to berate the OP - let's think about the employers
they are NOT going to be bankrupted by the loss of £48 and I am sure it is costing them MORE than that to chase this amount

perhaps if the OP agrees to go to court and let the judge adjudicate she can prove that currently she is unable to afford more and is in fact complying with the mutually agreed payment schedule - then hopefully the Judge would award costs against her employer and make them realise just how silly they are being.
I am ALL for people paying their debts - but really?

Thanks for the advice.

ClareH1963

Undervalued wrote: »

But she is paying them in the manner they agreed!

OK, they were pretty stupid to ever agree to such a long timescale but it seems they did. She appears to have over five years of payments to confirm this.

I would be reasonably sure a judge would tell them where to shove it!

Thanks for the support

LandyAndy

stevemLS wrote: »

I think the interest rate on judgment debt is 8%, not 8.5%.

It is 8% over BoE base rate. So, currently 8.5%.