Allegedly overpaid my last salary - now demanding it back

DB2k

Hi. 
Hope this is in the right place. 
Not sure what I can do but I just received a letter saying I was overpaid after leaving a company and they want nearly £4000 back. I left 1st April, so it's taken them an awfully long time to come to this conclusion.
The letter didn't provide any description or calculations on how this happened so I've emailed and asked them for it. It had a new payslip but its not helpful in understanding what's happened, not what I am being paid for. 
They sent the letter whilst I was away so I am already over 2 weeks into their timeline, which ends in 7 days before they call debt collectors. It all feels a little underhanded - no information and making threats. 

Is there anything I can do, and if they are right can I pay it back at a slower rate?
Once they reply I'm debating looking up an ET if what they share doesn't make sense.

thanks
David

Brie

First off they are extremely unlikely to pass this to a debt collector, particularly so quickly.  It will be best for them to get back any overpayment directly from you rather than get a fraction from someone else.   And I suspect the threat is just to get your attention so that they get some sort of response - and you've done that already.

Is there any reason that you suspect they might be right in any way?  Left without any notice resulting in being paid an extra month?  Took too many holidays?  They had paid for training recently for you that their T&Cs say may need to be paid back to them?

If they are anything like where I've worked in the past it will take payroll a week to pull any info together so in the meantime I suggest you get together all your payslips, P60 etc so you are ready to double check their figures.

Actually - I wonder if it was while putting the P60 together that they spotted something?

ET?  Extra terrestrial?   Or Employment Tribunal??  No point in doing that immediately - these things can normally be resolved.

elsien

Ignore the debt collector threat. Standard template letter to make you take them seriously. 

Wait for the calculations then take it from there. If it does turn out that you owe the money, what can you afford and in what timescale? 

Ath_Wat

Just to check as you have posted this in redundancy, was this a redundancy payout?

Otherwise, being overpaid £4000 after leaving seems a high amount for both parties not to notice at the time, unless you were on a very high salary.

diystarter7

Never ignore a debt collector threat, never but act and act decisively.
Seek help like you are here, consider the outcomes, and consider what you want.
Often, stress is caused and it was not your fault.
Try to compromise with them or a payment plan I'm sure they will go for that

However, never ignore a debt collection threat as once they start chasing you it's difficult to get away from it plus extra costs.

Seek an urgent meeting with them ideally face to face. Be prepared to pay it all back but in instalments and seek re info when it was paid and say once you had clarification etc, you'd be happy to resolve it. And remind them it is not your fault and you did not realise their mistake. EG you thought you was genuinely owned the money, if that is the case

Never lie, I'm sure you won't as people appreciate honesty.

Good luck

elsien

For information. If it gets to the debt collector stage, which it hasn't as yet. Any debt collection agency cannot add extra costs on unless it goes to court and it would appear to be a long way of that given that the OP has only had one letter from the ex-employer. Lets not get ahead of ourselves. 
Debt Collection Agency Contact. Free Advice. StepChange

DB2k

Thanks all.

I know it was in redundancy forum but I didn't see a forum for "I've handed my notice in"

I was pretty clear with the company and with myself that when I handed my 3 month notice in 1st Jan, I would be paid for that time (despite being on my 14 week paternity leave). Then after that I had holiday from 2021 I hadn't used (because I went on paternity leave) and then bank holidays (which the company legally owed me but which they never told me about!) and then my 2022 holidays inc the extra holidays I was buying through my salary. So there's a lot of things there! 

So I was paid normally in March, almost nothing in April and then in May I got my 40-odd days holiday pay. So I am unclear what calculation they have done - to be honest I thought my 40 odd days of holiday pay was less than it should have been but O2 have been such a complete nightmare when it comes to HR and Payroll I simply couldn't find it for a few hundred. Glad to be out of there. The holiday pay was calculated several times by HR as I made sure they did whilst I still had my laptop. I guess all I can do is wait to see if they reply and help me work it out?

thanks for the comments on the debt collection side - not nice to be threatened like that is it!

diystarter7

DB2k said:

Thanks all.

I know it was in redundancy forum but I didn't see a forum for "I've handed my notice in"

I was pretty clear with the company and with myself that when I handed my 3 month notice in 1st Jan, I would be paid for that time (despite being on my 14 week paternity leave). Then after that I had holiday from 2021 I hadn't used (because I went on paternity leave) and then bank holidays (which the company legally owed me but which they never told me about!) and then my 2022 holidays inc the extra holidays I was buying through my salary. So there's a lot of things there! 

So I was paid normally in March, almost nothing in April and then in May I got my 40-odd days holiday pay. So I am unclear what calculation they have done - to be honest I thought my 40 odd days of holiday pay was less than it should have been but O2 have been such a complete nightmare when it comes to HR and Payroll I simply couldn't find it for a few hundred. Glad to be out of there. The holiday pay was calculated several times by HR as I made sure they did whilst I still had my laptop. I guess all I can do is wait to see if they reply and help me work it out?

thanks for the comments on the debt collection side - not nice to be threatened like that is it!

No worries, I can easily see how you, I or anyone else for that matter could get confused.

Please work with them to resolve this and if for whatever reason they continue to make threats re debt collection, I very strongly recommend that no one, no one at all ever ignores that threat as that is the last place anyone wants to be but to act on it as you have.

Work with them even if that hurts, try to get the best out of the mess they have created and put that debt recovery threat to rest.

Anyone and everyone reading this forum, PLEASE, never igonre any debt recovery threat even if you know thet are wrong etc but ACT on it.

Enjoy your day and I hope you are not suffering the heat too much as it here in London

Ath_Wat

Fourteen weeks paternity leave is an extremely generous allowance.  Are you sure there is nothing in O2's conditions that states you can't resign in the middle of it?  

DB2k

there was nothing documented and yes its class leading for sure. shame the company is riddled with pockets of old boys clubs and really awful regard for its staff in general. Glad to be out of that toxic environment

DB2k

diystarter7 said:

Enjoy your day and I hope you are not suffering the heat too much as it here in London

im sat 12 inches from my desk fan, and tomorrow i get to use the tube - yey :-/