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payment received from ex employer, demanding repayment.

2

Comments

  • ElefantEd
    ElefantEd Posts: 1,229 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If the amount is so large it would cause you a problem, why didn't you notice it going unexpectedly into your bank?
    If the amount was small enough so that it wasn't really noticeable, you can afford to pay it back.

    You clearly are aware that you owe it, both legally and morally, but just don't want to and are hoping someone will back you up. Well, it doesn't look like they are going to. Just pay it back and move on.
  • How could anyone expect a normal adult holding down a job to ever check their own pay slip ?

    Clearly your not understanding. I left the company in good terms, I was paid a final payslip, I recieved a P45. I no longer worked for them, there were no concerns. 3months passed, they then paid me money in error, I was not owed this money and did not receive notification of it being paid, until I received a demand for its immediate return.
  • gettingready
    gettingready Posts: 11,330 Forumite
    10,000 Posts Combo Breaker
    And you do not check your online banking?

    C'mon...
    I got paid from my new employer on same day and several DD came out at the same time, it wasn't a very large payment from them it was overlooked.

    Next to each item in online banking it says who is it from (incoming) or who is it for (outgoing) so please, grow up.
  • pelirocco
    pelirocco Posts: 8,275 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Clearly your not understanding. I left the company in good terms, I was paid a final payslip, I recieved a P45. I no longer worked for them, there were no concerns. 3months passed, they then paid me money in error, I was not owed this money and did not receive notification of it being paid, until I received a demand for its immediate return.


    of course you received notification , it will show on your bank statement !
    Vuja De - the feeling you'll be here later
  • Granglio wrote: »
    Much will depend on what was stated in the employment contract. Some contracts state that, if an employee leaves the employment owing the employer money that could not be recovered from final wages, the amount owed becomes a civil debt. If there is no contractual provision to treat the alleged overpayment as a civil debt, the employer may have considerable difficulty in enforcing payment if you refuse to cooperate. .




    Really? I would not bet on that. If someone has been overpaid and the employer can demonstrate that is the case, in most cases legal recovery is very enforceable. There is no need to put such a clause in the employment contract.
  • pmduk
    pmduk Posts: 10,684 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Could the OP be saying that the amount paid matched the payslip, but that the employer's internal calculations were in error and the payslip, and thus payment made were too high.
  • gettingready
    gettingready Posts: 11,330 Forumite
    10,000 Posts Combo Breaker
    Whatever OP says - the "who is the money from" and "how much" can clearly be seen on online banking so considering OP stopped working there 3 months before, he would have noticed a payment from that company coming in and must have known there and then so this whole "I did nto know" is just a lot of... carp
  • Granglio
    Granglio Posts: 43 Forumite
    Really? I would not bet on that. If someone has been overpaid and the employer can demonstrate that is the case, in most cases legal recovery is very enforceable. There is no need to put such a clause in the employment contract.

    That is indeed the case. I suggest the OP does a little searching on google and you will find many pages from legal websites stating that this is the case. Please read your employment contract OP.
  • Granglio wrote: »
    That is indeed the case. I suggest the OP does a little searching on google and you will find many pages from legal websites stating that this is the case. Please read your employment contract OP.


    I am not going to get into a debate about this, but I would urge the OP not to depend upon any such advice because civil debts obtained from employment are commonly and routinely pursued through the courts and the employers invariably win if they can demonstrate the debt exists. Pretty much all the regulars on here know this to be the case. Whether an employer will go to these lengths to recover an overpayment is something nobody here can predict, but I would seriously urge anyone who does owe money to an employer or former employer, and has evidence from the employer as to that fact, to come to an agreement about recovery. The basis upon which civil debts of this nature can be fought off relate to exceptionally specific circumstances, and nobody should depend on those applying unless they have legal advice to that effect - not an advice bureau, but legal advice. Because if the employer goes to court to recover, the risk of increasing the debt with court fees etc., increases. So employees can end up owing more than they started off owing.
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    3months passed, they then paid me money in error, I was not owed this money and did not receive notification of it being paid, until I received a demand for its immediate return

    Oh, so you didn't realise that more money had been transferred into your account? So clearly you didn't spend it as you didn't expect it to be there, so the money is there to be sent back. Easy!
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