Overpayment from Employer

peterc2609
peterc2609 Posts: 622 Forumite
in Debt-free wannabe
Hi,

Just returned from a week in the sun to find a Small Claims summons kinda thing on my doorstep!

Basically, I worked for this employer for around about 12 months, 2 years ago.

When I left, they paid me for 2 months without realising... and I didn't realise either.....

They contacted me and asked for it all back... I had spent it.... as I wasn't very good at managing money then! I said that they would have to take instalments and they said they would send out a incoming and outgoing expenses form etc.... which I never received.....

A few months later, I moved house.... and never heard anything..... until now....

No attempts to contact me etc and now they are suing me.... what should I do??

I can understand if this was a small company who made mistakes on wages and salaries etc..... but it's actually the local council....

Its their mistake.... do I even have to pay it back???

Just need some advice.

Thanks.

Peter


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Comments

  • tigtag02
    tigtag02 Posts: 6,857 Forumite
    First Anniversary Combo Breaker
    Hi Peter

    Unfortunatley yes, you do have to pay it back.

    It would have been better for them to contact you direct to make arangements than going to a small claims court but the law is on their side!!

    tigtag
    :heartpuls baby no3 due 16th November :heartpuls
    TEAM YELLOW
    DFD 16/6/10
    "Shut your gob! Or I'll come round your houses and stamp on all your toys" The ONE, the ONLY, the LEGENDARY Gene Hunt :heart2:
  • leics_poshie
    leics_poshie Posts: 293 Forumite
    First Post
    When I left, they paid me for 2 months without realising... and I didn't realise either.....

    HHHMMMMMM

    I would know if i was paid double the amount

    You shouldnt have gone out and spent it all
  • peterc2609
    peterc2609 Posts: 622 Forumite
    OK...so I have to pay it back.... no probs with that....

    But what do I do with regards to the summons paperwork? It was issued on 12th April.... but I only got home today....

    Do I call the Council or go ahead with court...?

    I just want to pay in instalments as agreed....
  • peterc2609
    peterc2609 Posts: 622 Forumite
    leics_poshie wrote: »
    HHHMMMMMM

    I would know if i was paid double the amount

    You shouldnt have gone out and spent it all

    I know that now!!

    At the time.... I was young and foolish.... with piles of unopened bills, bank statements etc... I just used to go to the ATM and try for anything....

    Which is why I am now claiming bank charges back!!!
  • tigtag02
    tigtag02 Posts: 6,857 Forumite
    First Anniversary Combo Breaker
    peterc2609 wrote: »
    OK...so I have to pay it back.... no probs with that....

    But what do I do with regards to the summons paperwork? It was issued on 12th April.... but I only got home today....

    Do I call the Council or go ahead with court...?

    I just want to pay in instalments as agreed....

    I'm not sure on this bit peter - I would maybe give them a call - although I'm sure that someone who knows will be along soon with answers :):)
    :heartpuls baby no3 due 16th November :heartpuls
    TEAM YELLOW
    DFD 16/6/10
    "Shut your gob! Or I'll come round your houses and stamp on all your toys" The ONE, the ONLY, the LEGENDARY Gene Hunt :heart2:
  • tigtag02
    tigtag02 Posts: 6,857 Forumite
    First Anniversary Combo Breaker
    leics_poshie wrote: »
    HHHMMMMMM

    I would know if i was paid double the amount

    You shouldnt have gone out and spent it all

    Maybe - be we are not here to judge!!!!!!
    :heartpuls baby no3 due 16th November :heartpuls
    TEAM YELLOW
    DFD 16/6/10
    "Shut your gob! Or I'll come round your houses and stamp on all your toys" The ONE, the ONLY, the LEGENDARY Gene Hunt :heart2:
  • tomterm8
    tomterm8 Posts: 5,892 Forumite
    First Anniversary Combo Breaker
    Um... has the small claims form actually got the stamp of the local court on it? I'm a little surprised that they would go to court action on the first instance, and I might very well go into the local court and ask them what my options were.
    “The ideas of debtor and creditor as to what constitutes a good time never coincide.”
    ― P.G. Wodehouse, Love Among the Chickens
  • peterc2609
    peterc2609 Posts: 622 Forumite
    Spoke to the council..

    Looks like I'll have to pay it all in one go to avoid a CCJ, :mad:

    Yes the papers had the stamp on them
  • tigtag02
    tigtag02 Posts: 6,857 Forumite
    First Anniversary Combo Breaker
    Bad luck peter!!

    It was a bit cr@p of them to go straight to the small claims court!!
    :heartpuls baby no3 due 16th November :heartpuls
    TEAM YELLOW
    DFD 16/6/10
    "Shut your gob! Or I'll come round your houses and stamp on all your toys" The ONE, the ONLY, the LEGENDARY Gene Hunt :heart2:
  • raq
    raq Posts: 1,716 Forumite
    Back a couple of years ago I had experience on the wages side for a large company. The amount of advance payments that went out to employees via cheque and then the company suppose to take it automatically out of that persons wages at the end of the month was a real eye opener. Very very rare anything was chased up.

    Just unfortunate for yourself that are looking into it now.
    :A Tomorrow's just another day - keep smiling
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