Overpaid from work

Pulse

tallyhoh wrote: »

You are probably going to have to repay it, apart from anything else have you thought about a reference from them?
However I would drag it out while you save some money: ask them for a breakdown of what you owe & why. Why did you not get payslips? was it because you moved or was they not supplied. They are obliged to supply them.
Start off with an offer to repay as low as you dare then barter with them.

I've already had a reference from them, and have been in my new job since mid Jan. So that isn't a problem.
I'll have to try and drag it out I think while I find a second job to gather money. Bang goes my life for 6 months!
I know exactly why I owe them money, but should I still ask for a breakdown? They have sent me the two payslips that are the overpaid ones, and a new one showing what I should have been paid.
Since it looks like I'm going to have to repay it, does anyone know how to work out exactly how much I should owe them? I.e. with tax etc etc, it's all going to get very confusing. I'm fairly sure they're asking for my base pay back, before tax etc, which obviously I have already been charged. The amended pay slip shows tax etc too, which doesnt seem very fair.

Why did I not get payslips? Because I moved. But, I moved whilst still with the company, and I updated my records with HR, but they just never changed it. I haven't had payslips since October to my new address (but I suppose technically I could have accessed the payslips online... but had no reason to, as I felt it was the correct pay. It did not enter my mind that I had been overpaid).

What would be a low repayment plan? I would like £10 per month, ideally, as said, but do you think that'd get rejected? As it's £1400, and would take almost 12 years to pay back.

MissEyre

Just to sympathise, OP-I had a letter in February, completely out of the blue from a debt collection agency working on behalf of a former employer of mine (dating back two and a half years)-after two very threatening letters, I requested a breakdown of the sum owed and further details, and have heard nothing since. And that was for less than £600-I will pay it back happily if they can tell me why I was overpaid, and agree a reasonable payment plan

All the best! x

Pulse

Thank you. I appreciate the supportive reply. I just need to find myself a 2nd job quickly I think

tigtag02

The repayments should be NET

juno

You might not have to pay it back if you can prove that you thought you were entitled to the money. you might want to read this.

wherediditallgo

Regardless of how & why it happened, you have been made aware that the money was overpaid & they want it back. Yes, you could pretend that you didn't didn't get the letter, but there are many avenues available to find someone & they will find your current address. You could say you thought you were entitled to the money, but a swift look at your contract of employment would soon clarify that.

You have the right to ask for a breakdown of how the overpayment came about, so by all means do that. In the end though, it's their money, & while some employers may well decide to bargain with you on the total amount to be repaid & the instalment amounts, you should also be fair to them & yourself. I can't see anyone agreeing to a £10pm repayment when they've given you a reference & know full well that you're working (& maybe even also know what you're earning), & I can't see any point in dragging things out when you could be the ultimate loser bcause they could take you to court & a court order is going to affect your credit rating. If you left the previous job for better money at the new job, why not use the difference between the two salaries as your guide for how much you can afford? I think your best bet is to first ask for the beakdown, & then ask them to discuss a settlement figure with you & mutually-agreeable monthly payments. You have far more to lose than they do, & it's in your interests to keep any discussions amiable & conciliatory.

tigtag02

juno wrote: »

You might not have to pay it back if you can prove that you thought you were entitled to the money. you might want to read this.

The OP has already amited that s/he knows s/he has been overpaid ~ we are not here to advise on how to get out of paying debts but on how best to deal with them

ibleedred

My partner is currently doing Employment Law, but is NOT qualified.......

She mentioned this to me the other day, and you should read this case: "Lipkin Gorman V Karpnale Ltd (1991) 2 AC 548" - this is a "House of Lords" case that should explain a little more.

Basically, what it says is, if you can prove to the courts, that you have lived from this money by paying basic bills, i.e, no large purchases, and that now it will hinder you to pay it back, then you won't have to........ BUT...... the courts will have a right to search all your bank statements, and if you have a payment of say £500 for a new TV, then you have to pay it back.




http://www.consumeractiongroup.co.uk/forum/employment-problems/127343-paycheque-overpaid.html - - this link has a similar question and informs you that if you didn't know it was a overpayment then you don't have to pay it back

tigtag02

ibleedred wrote: »

My partner is currently doing Employment Law, but is NOT qualified.......

She mentioned this to me the other day, and you should read this case: "Lipkin Gorman V Karpnale Ltd (1991) 2 AC 548" - this is a "House of Lords" case that should explain a little more.

Basically, what it says is, if you can prove to the courts, that you have lived from this money by paying basic bills, i.e, no large purchases, and that now it will hinder you to pay it back, then you won't have to........ BUT...... the courts will have a right to search all your bank statements, and if you have a payment of say £500 for a new TV, then you have to pay it back.




http://www.consumeractiongroup.co.uk/forum/employment-problems/127343-paycheque-overpaid.html - - this link has a similar question and informs you that if you didn't know it was a overpayment then you don't have to pay it back

FGS

The OP has been overpaid ~ s/he ADMITS they have been overpaid.

S/he was NOT legally entitled to the money and s/he will be legally bound to pay it back!

Can we please refrain from advising people how to avoid paying debt :rolleyes: :rolleyes:

continualdiamond

From experience i wouldn't ignore any letters, at least you know about it from your mate living at your old address.

I say this because we moved house in Oct 06. It wasn't until April 07 when OH applied for a loan and the company told him, he had a CCJ on his file. We knew nothing about it, so OH had to do some digging around.

Turned out it was from his old employer who had over paid him, they'd sent letters to our old address, which we never got obviously, so they saw it as though we were ignoring them.

My OH is currently paying back £10 a month. I must admit as soon as OH got in contact they were great and accepted £10 a month with no hassle. Where still trying to get the CCJ removed.

Looking back i wish we'd had mail forwarded on, but we'd already changed all our details with every company we had dealings with and is why we didn't bother.