Previous Employer Over payment - Help!!

Jadxe

Hi All,

I was told at the end of August last year after working with my last company for 8 months, that I didn't pass my probation period.
I was informed that I would still be paid up until mid September.

I was paid in September and October - as far as I was aware I was entitled to these salaries.

At the end of November I received a call to let me know that I had been over paid for the past 3 months, and owe them £2771, so I had also been paid in November, which I know I'm not entitled to.

I have been trying to sort it out for a while; phone calls, e-mails and letters.

I last contacted them 4 weeks ago, addressing that with my current earnings and outgoings I could only afford around £50-£100 a month, they said that this wasn't good enough, and that I had to pay it over 12 months (£230 a month) which I can't physically afford, I would literally be left with a minus amount after my outgoings.

I have tried my best to negotiate with them, but they aren't accepting anything that I'm putting across.

They have said that if I can't agree with the amount spread over 12 months - they will be sending the debt collectors round, I think this is a bit extreme? Should they not go to court first?

As far as I'm concerned I was entitled to the September and October payments, I do not want to be in debt, and I am getting really stressed out about the matter. They seem to be taking a while to get back to me about things, and as a previous employer they aren't being helpful at all.

I want to know what I can do? I'm stuck and I feel that I have really tried to come to an agreement.

sourcrates

Jadxe wrote: »

They have said that if I can't agree with the amount spread over 12 months - they will be sending the debt collectors round, I think this is a bit extreme? Should they not go to court first?
.

Hi,

Debt collectors are just that, debt collectors, they are not Bailiffs, they have no power to do anything, they cant force you to do anything, and you don't have to deal with them.

Its very unlikely they will "turn up at your door" that's an idle threat used to intimidate you with, they may "employ" a DCA to recover the debt, but again, that would be a good thing for you, as they would likely accept whatever offer you can afford to pay.

Just make your firm offer, in writing, enclose your income/expenditure details if you like, if they are not happy with that, tough, they cant have what you haven't got, its that simple.

They may take you to court, but a judge would not make you pay more than you can afford, so that's another idle threat, you tell them how its going to be, after all it was there mistake, not yours.

Jadxe

Thank you for your advise.

I'm just really worried that they are going to turn up at my door, taking things. I still live at home with my mum - and having debt collectors at the door isn't really ideal.

I just don't think that I even owe all the money they have said I do, I'm really really stressed about it, and have gone onto anti depressants - I think they should compensate me for this lol!

sourcrates

Jadxe wrote: »

Thank you for your advise.
I'm just really worried that they are going to turn up at my door, taking things. I still live at home with my mum - and having debt collectors at the door isn't really ideal.

Please do some research on this, debt collectors cannot do this, only a court appointed bailiff can enter your home, and only then after obtaining a court order, and then only under certain circumstances.

Debt collectors have no more powers than you or i do, your only worry should be court action, nothing else, and that can be dealt with, if and when it occurs, you are worrying over nothing here, really !!!!

http://moneyaware.co.uk/2011/08/you%E2%80%99re-in-debt-but-what-can-your-creditors-actually-do/

Jadxe

Thank you! Will having debt collectors increase the amount of money owed to them ?

Can I take the employer to court myself? As I feel they are asking for too much!

Sooo confused - Never had a situation like this before.

sourcrates

They cant add interest or charges unless the original contract allowed them to, unless it specifically stated this in your employment contract, then no they cant.

If they did, it could be challenged on that basis, yes you can make a counter claim, go to money-claim website for details.

https://www.moneyclaim.gov.uk/web/mcol/welcome

Jadxe

Thank you!! You have been so much more helpful than ACAS !

Claree__x

First thing you should do is ask them for a breakdown of what you owe them - including the dates that you were paid for - so you can ascertain whether you do actually owe them all of the money.

I know it's little consolation now but if you knew you shouldn't have been paid in November you really should have kept the money aside.