Previous Employer Overpaid Me

Hi,

My previous employer contacted me saying I owed them £548.35 as they overpaid me on my last wage. I was paid on 31/08/18 and received my wage slip on 05/09/18 which corresponded with what they had paid into my bank. I now don't have this money as I have spent it. I spent this money because the amount they paid me was the same as what was on my pay slip.

I asked them if we could come up with a repayment arrangement. They came back to me with a repayment offer of £300 now and £248.35 the following month. I told them those amounts were too large and would put me in a difficult position financially. I went back to them with an offer of £10 a month. They refused the offer and stated they would be sending me a letter in the post requesting payment be made in 7 days otherwise further action will be taken. I then went back to them with an offer of £50 per month with an offer to talk about this situation over the phone. I'm yet to receive a reply from them.

Where do I stand legally?

Thanks.

Comments

  • McKneff
    McKneff Posts: 38,819 Forumite
    Name Dropper First Anniversary First Post
    As you have said you know you have to pay them back and as it is their fault, you can come to some arrangement as to paying back.
    £50 is a bit more reasonable but wait to see what they say, expect them to ask for £100, if you could afford this it would be off your back within months.

    Let us know what happens.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • Gavin83
    Gavin83 Posts: 8,746 Forumite
    Name Dropper First Post First Anniversary
    Are you 100% sure they overpaid you? If it matches what was on the payslip did they pay you for a period you didn't work or something? Did you not notice this originally?

    You've probably got their back up offering them the joke amount of £10 a month. £50 a month is more reasonable, had you offered them this originally they may well have accepted. They may well still do, for £50 a month it's probably not worth taking you to court. Depending on your income a judge may well not request you pay more than that anyway.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    Name Dropper First Anniversary First Post
    They are more or less obliged to accept your offer as its reasonsble.

    The courts prefer that disputes are settled this way and frankly the cost to the employer of going to court for the day will be half the debt anyway.
  • Brynsam
    Brynsam Posts: 3,643 Forumite
    First Anniversary Name Dropper Combo Breaker First Post
    andysw123 wrote: »
    Hi,

    My previous employer contacted me saying I owed them £548.35 as they overpaid me on my last wage. I was paid on 31/08/18 and received my wage slip on 05/09/18 which corresponded with what they had paid into my bank. I now don't have this money as I have spent it. I spent this money because the amount they paid me was the same as what was on my pay slip.

    I asked them if we could come up with a repayment arrangement. They came back to me with a repayment offer of £300 now and £248.35 the following month. I told them those amounts were too large and would put me in a difficult position financially. I went back to them with an offer of £10 a month. They refused the offer and stated they would be sending me a letter in the post requesting payment be made in 7 days otherwise further action will be taken. I then went back to them with an offer of £50 per month with an offer to talk about this situation over the phone. I'm yet to receive a reply from them.

    Where do I stand legally?

    Thanks.

    £50 a month is reasonable and will clear the overpayment within a year. Stand your ground (politely!).
  • You were given the money over a period of a month. Asking to pay it back over 55 months is not reasonably, thats over four years and a half years.

    Only you know whether it was reasonable for you to expect that money was correctly paid. It being on your payslip doesnt mean anything if you were paid for a full month when you know you only worked 2 weeks.
  • System
    System Posts: 178,092 Community Admin
    Photogenic Name Dropper First Post
    This happened to me albeit, it was a car deposit that the garage forgot to process. It was £500 and about a year later. I think that the company was so desperate for me to play ball and pay them (I could have really given them the run around) they accepted my £50 per month agreement. Just play hardball and say "that's what I can afford, accept it, or take me to court". They'll agree with you.
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