Admin charges on overpay repayments?

getmore4less

Kate_kt said:

getmore4less said:

Kate_kt said:

Undervalued said:

So, by any reckoning you were overpaid by around £400 but you didn't notice? 

It is as much the employee's responsibility to ensure that their pay is correct as it is the employer's. Yes, they should have got it right but they are fully entitled to to ask for prompt repayment of any accidental overpayment, just as you would no doubt have done had it been the other way round. 

There is no automatic right to pay it back in "easy instalments" and £10 a month for three and a half years is generous on their part to say the least! If they took you to court you would be ordered to pay at a rate the judge decided you could afford, which in most cases would be significantly more that £10 a month. You would also have pay their court fee. If you defaulted on that they could take enforcement action and the considerable costs of that would be added to the debt.

You have already failed to honour the agreement you made to start paying £10 when you "forgot to get round to it"! Are you really surprised they are getting stroppy?

Can they add an "admin charge". Possibly not but that can take you to court and cost you a good deal more!

Hi there

I didn't receive an overpayment of £400 into my bank account. I (unknowingly) took more holiday than I was entitled to because I left a few months before the year end, and so my holiday entitlement had to be adjusted. Therefore I owe back the paid leave taken.
...........

Does your contract have the correct terms to allow for that claw back  of holiday pay in excess of accrued for part year service?

They are not entitled to the refund without it.

Hey! 
Thanks a lot for your response!
I actually have no idea. It's been a year and a half since I left now. Do you think it's worth asking for a copy of my contract? I had a difficult time with my contract whilst there tbh. 

They may catch on that is why you are asking for it.
Do you know anyone still there you can ask?
Do you not keep copies of your employments just in case(6 years at least for any attempt at debt recovery)?

a general clause about overpayments is not enough it has to be specific to recovery of overpaid holiday.

Kate_kt

getmore4less said:

Kate_kt said:

getmore4less said:

Kate_kt said:

Undervalued said:

So, by any reckoning you were overpaid by around £400 but you didn't notice? 

It is as much the employee's responsibility to ensure that their pay is correct as it is the employer's. Yes, they should have got it right but they are fully entitled to to ask for prompt repayment of any accidental overpayment, just as you would no doubt have done had it been the other way round. 

There is no automatic right to pay it back in "easy instalments" and £10 a month for three and a half years is generous on their part to say the least! If they took you to court you would be ordered to pay at a rate the judge decided you could afford, which in most cases would be significantly more that £10 a month. You would also have pay their court fee. If you defaulted on that they could take enforcement action and the considerable costs of that would be added to the debt.

You have already failed to honour the agreement you made to start paying £10 when you "forgot to get round to it"! Are you really surprised they are getting stroppy?

Can they add an "admin charge". Possibly not but that can take you to court and cost you a good deal more!

Hi there

I didn't receive an overpayment of £400 into my bank account. I (unknowingly) took more holiday than I was entitled to because I left a few months before the year end, and so my holiday entitlement had to be adjusted. Therefore I owe back the paid leave taken.
...........

Does your contract have the correct terms to allow for that claw back  of holiday pay in excess of accrued for part year service?

They are not entitled to the refund without it.

Hey! 
Thanks a lot for your response!
I actually have no idea. It's been a year and a half since I left now. Do you think it's worth asking for a copy of my contract? I had a difficult time with my contract whilst there tbh. 

They may catch on that is why you are asking for it.
Do you know anyone still there you can ask?
Do you not keep copies of your employments just in case(6 years at least for any attempt at debt recovery)?

a general clause about overpayments is not enough it has to be specific to recovery of overpaid holiday.

I had a real nightmare with getting a hold of my contract, I was given the wrong one and badgered my manager for at least a year to be sent the right one, and then there was a change in my contract and payrise & I don't recall getting a personal copy of that either, but pretty sure it just outlined a change in my pay. It was all a big mess & my memory is probably failing me here too as this all occurred 5.5-3 years ago. When I first received my letter regarding this overpayment, I asked my previous manager for a copy of my contract & any written & signed agreements pertaining to my terms of employment - didn't receive that. By agreeing to pay it back and already making payment, would that have voided the contract? As in, if my contract doesn't include a specific clause regarding overpaid holiday, can I go back on the agreement I've now made to pay it back? 

Thanks so much for your time! 

dollywops

There will be a clause in your contract.  Why don’t you contact HR, or email the agency and ask them to get you a copy of your contract.

Kate_kt

dollywops said:

There will be a clause in your contract.  Why don’t you contact HR, or email the agency and ask them to get you a copy of your contract.

Kate_kt said:

getmore4less said:

Kate_kt said:

getmore4less said:

Kate_kt said:

Undervalued said:

So, by any reckoning you were overpaid by around £400 but you didn't notice? 

It is as much the employee's responsibility to ensure that their pay is correct as it is the employer's. Yes, they should have got it right but they are fully entitled to to ask for prompt repayment of any accidental overpayment, just as you would no doubt have done had it been the other way round. 

There is no automatic right to pay it back in "easy instalments" and £10 a month for three and a half years is generous on their part to say the least! If they took you to court you would be ordered to pay at a rate the judge decided you could afford, which in most cases would be significantly more that £10 a month. You would also have pay their court fee. If you defaulted on that they could take enforcement action and the considerable costs of that would be added to the debt.

You have already failed to honour the agreement you made to start paying £10 when you "forgot to get round to it"! Are you really surprised they are getting stroppy?

Can they add an "admin charge". Possibly not but that can take you to court and cost you a good deal more!

Hi there

I didn't receive an overpayment of £400 into my bank account. I (unknowingly) took more holiday than I was entitled to because I left a few months before the year end, and so my holiday entitlement had to be adjusted. Therefore I owe back the paid leave taken.
...........

Does your contract have the correct terms to allow for that claw back  of holiday pay in excess of accrued for part year service?

They are not entitled to the refund without it.

Hey! 
Thanks a lot for your response!
I actually have no idea. It's been a year and a half since I left now. Do you think it's worth asking for a copy of my contract? I had a difficult time with my contract whilst there tbh. 

They may catch on that is why you are asking for it.
Do you know anyone still there you can ask?
Do you not keep copies of your employments just in case(6 years at least for any attempt at debt recovery)?

a general clause about overpayments is not enough it has to be specific to recovery of overpaid holiday.

I had a real nightmare with getting a hold of my contract, I was given the wrong one and badgered my manager for at least a year to be sent the right one, and then there was a change in my contract and payrise & I don't recall getting a personal copy of that either, but pretty sure it just outlined a change in my pay. It was all a big mess & my memory is probably failing me here too as this all occurred 5.5-3 years ago. When I first received my letter regarding this overpayment, I asked my previous manager for a copy of my contract & any written & signed agreements pertaining to my terms of employment - didn't receive that. By agreeing to pay it back and already making payment, would that have voided the contract? As in, if my contract doesn't include a specific clause regarding overpaid holiday, can I go back on the agreement I've now made to pay it back? 

Thanks so much for your time! 

@getmore4less
@dollywops

I've just found my initial contract from first joining, and it says the following:

"If you leave the Company's employment part-way through the holiday year, your annual entitlement to holidays during that year will be calculated on a pro-rata basis. Payment in lieu of any outstanding holiday will be made to you with your final salary payment. If have taken more than your accrued holiday entitlement upon leaving, a deduction for the excess holiday pay will be made from any final payments due to you on leaving or you may be required to make a repayment of any such amounts."

I would assume the 2 updated contracts during my term there would have been the same in that regard. seems we've lost this fight sadly! Thank you both so much for your help! It's all been really helpful.

getmore4less

They got you on that, if you are happy with the calculations for the overpaid holiday.

 just need to make sure they have accounted for deductions  as you would have been paid net

Kate_kt

getmore4less said:

They got you on that, if you are happy with the calculations for the overpaid holiday.

 just need to make sure they have accounted for deductions  as you would have been paid net

Thanks for everything!