Overpayment in salary

Claree__x

FireWyrm wrote: »

As I said...damned with faint praise.

They cant say "this person was a right pain to work with and we hated her guts and we couldnt wait to get rid of her".

That's not actually what you said, but whatever.

OP, if they have overpaid you then they can claim it back but I'd ask them for proof of the overpayment as a breakdown of when it was paid.

David_Brent

Ok so I requested a breakdown of the overpayment for which tax and NI was was taken... Note the breakdown is is pretty poor on excell and did not include my pay slips etc - I am unkeen to pay anything without them sorting out the TAX issue - what can I do in this instance? Is just a plain excel breakdown good enough?

I am happy to pay the overpayment but I can't afford to pay all at once - what is a fair comprimise in terms of payments - as I have other things to pay which are more important and at the end of the day it is their error... Obviously I want to pay as small amount as possible...
Also a thing to note this is with a debt collectors not the actual 'client' my previous employer...

sourcrates

David_Brent wrote: »

Also a thing to note this is with a debt collectors not the actual 'client' my previous employer...

Err, you need to be dealing direct with your old employer, not some 3rd party collection agency.
Write to the payroll debt at your old place of work, or even your old MD, asking for the information you require with regards to tax and NI issues, on this debt. Ask them what they intend to do to resolve this issue, as it cant be resolved by a DCA because of the tax implications.
Only they can deal with it, when you have a written account of how they intend to sort out this issue, then you can respond with an offer of payment that you can comfortably afford to pay them.

David_Brent

Thanks so I have sent a letter direct to my old employer recorded delivery asking for more information especially the tax implications
I addressed it too my old MD. I feel i am being reasonable as what they sent me was a poorly put together excel sheet with no reference or dates etc. I told them I will only communicate direct with them and not some debt collection agency.

I am worried they may in the meantime try and start a ccj against me....are they able to this whilst Iam in contact with them asking for iinformation? I have to be careful as I can't afford a ccj as i am working in the financial services industry.

sourcrates

David_Brent wrote: »

I am worried they may in the meantime try and start a ccj against me....are they able to this whilst Iam in contact with them asking for iinformation? I have to be careful as I can't afford a ccj as i am working in the financial services industry.

Anything is possible, but I think it unlikely, as long as you have acknowledged the fact you will repay them at a time and rate you can afford, there will be little point in them seeking a CCJ against you, however, you can never discount this happening, but as long as you are in communication with them I'm sure you should be able to sort this out.

David_Brent

I received a county court letter today!! The information they have sent me is insufficient in terms of the tax implications due to the overpayment in salary...I don't dispute the debt...also I cannot afford to pay this all in one go...if I write back saying I can pay a certain amount each month will I still have a ccj on my record? Please help the main thing is I do not wreck my credit score with a ccj I want to avoid at all costs.

matttye

David_Brent wrote: »

I received a county court letter today!! The information they have sent me is insufficient in terms of the tax implications due to the overpayment in salary...I don't dispute the debt...also I cannot afford to pay this all in one go...if I write back saying I can pay a certain amount each month will I still have a ccj on my record? Please help the main thing is I do not wreck my credit score with a ccj I want to avoid at all costs.

You can make them an offer in writing and if they accept then they could cancel the proceedings.

Have you made it clear to them, in your opinion, that you're not trying to worm out of paying the money back? I would have tried to stress in my correspondence that I was more than willing to pay the money back but only in instalments and that I would want to know how they intended to compensate me for the overpaid tax.

How quickly could you pay this? Would you be able to borrow the money off somebody or even take out an overdraft? Whilst I wouldn't normally advocate taking out debt to pay off other debt, in this case I think borrowing the money would be far preferable to having a CCJ, given that you would lose your job!

If you pay a CCJ within 28 days of it being granted then it will be wiped from the Registry Trust, so worst case scenario is that the CCJ is granted and you'll have 28 days to get the money together.

David_Brent

matttye wrote: »

You can make them an offer in writing and if they accept then they could cancel the proceedings.

Have you made it clear to them, in your opinion, that you're not trying to worm out of paying the money back? I would have tried to stress in my correspondence that I was more than willing to pay the money back but only in instalments and that I would want to know how they intended to compensate me for the overpaid tax.

How quickly could you pay this? Would you be able to borrow the money off somebody or even take out an overdraft? Whilst I wouldn't normally advocate taking out debt to pay off other debt, in this case I think borrowing the money would be far preferable to having a CCJ, given that you would lose your job!

If you pay a CCJ within 28 days of it being granted then it will be wiped from the Registry Trust, so worst case scenario is that the CCJ is granted and you'll have 28 days to get the money together.

Thanks for your reply. I have to night written a letter and emailed their solicitors offering to make payments in terms of installments each month. And acknowledged I am happy to pay what is owed and can the tax implications be sorted out and the ccj is claim is cancelled. I could loan the money...but ill await their response..I guess? Then if not I admit the debt in the claim form then once a ccj is issued I have 28 days to pay? Do I have a ccj now?? Or am i aat the stage prior to a ccj being issued?

matttye

David_Brent wrote: »

Thanks for your reply. I have to night written a letter and emailed their solicitors offering to make payments in terms of installments each month. And acknowledged I am happy to pay what is owed and can the tax implications be sorted out and the ccj is claim is cancelled. I could loan the money...but ill await their response..I guess? Then if not I admit the debt in the claim form then once a ccj is issued I have 28 days to pay? Do I have a ccj now?? Or am i aat the stage prior to a ccj being issued?

If you've received a court claim form then you won't yet have a CCJ, but if you've received a letter confirming the outcome of a hearing then you could have a CCJ - it depends what you have received.

David_Brent

matttye wrote: »

If you've received a court claim form then you won't yet have a CCJ, but if you've received a letter confirming the outcome of a hearing then you could have a CCJ - it depends what you have received.

I received a court claim form. So should I just await their response? I'd think it in their interest to settle amibacbly surely rather than go through the courts? I made an offer to start making payment per month from Dec 14 if they accept my offer of installments. I hha e 14 days to respond to the claim form for the courts if they decline my offer what should I then do? Simply take a loan and pay it? Or await the ccj to be issued then wait 28 days before paying? Thanks for your support.