Overpayment Dispute

MartinK1980

Hello,

This is my first post, so be gentle.

Just over a year ago, I went from full time, to part time. Due to an admin error, my company continued to pay me a full time wage. I informed them of this after the first pay I received that was wrong, but it carried on for another 5 months, with me subsequently informing them, each month of their error.

Ok, so basically, for the past 3 or 4 months, they've been trying to reclaim this money from me. I put the overpayment to one side, and repaying is not an issue, but they are trying to get me to repay them gross, which I don't have. Now they're talking about deducting it from my wages and saying the tax and ni will sort itself out. I'm pretty sure this isn't the case, as it's a different tax year from the overpayments, and being part time, I pay very little tax now.

I've been refusing to repay the gross, based on the facts that I informed them of their errors at every stage, and I refuse to be penalised for their mistakes. It seems ridiculous to me that they can reclaim more from me than I've actually received.

So basically my question is, can they do this? Is there anything I can do to stop it?

Wayne_O_Mac

I can't post links, but google 'HMRC CWG2' and show the employer that.

Specifically page 16, which says that if the tax year is closed they should be recovering the net pay.

MartinK1980

Will do, thank you.

MartinK1980

That's exactly what I was looking for. Thank you very much.