Jump to content


  • Tweets

  • Posts

    • Paragraph 18 – you are still talking about Boston stolen items. About time this was fixed??? Paragraph 19  In any event, the claimant's PS5 gaming device was correctly declared and correctly valued. The defendant accepted it for carriage and was even prepared to earn extra money by selling sell insurance in case of its loss or damage. New paragraph 20 – this the defendant routinely sells insurance in respect of "no compensation" items (a secondary contract contrary to section 72 CRA 2015) new paragraph above paragraph 20 – the defendant purports to limit its liability in respect of lost or damaged items. This is contrary to section 57 of the consumer rights act 2015. The defendant offers to extend their liability if their customer purchases an insurance cover for an extra sum of money. This insurance is a secondary contract calculated to exclude or limit their liability for the defendants contractual breaches and is contrary to section 72 of the consumer rights act 2015. New paragraph below paragraph 42 – the defendant merely relies on "standard industry practice" You haven't pointed to the place in your bundle of the Telegraph newspaper extract. You have to jiggle the paragraphs around. Even though I have suggested new paragraph numbers, the order I have suggested is on your existing version 5. You will have to work it out for your next version. Good luck!   Let's see version 6 Separately, would you be kind enough to send me an unredacted to me at our admin email address.
    • i think theres been MORE than amble evidence of that and am astonished that criminal proceedings haven't begun.
    • Yep, those 'requirements' not met to shareholders satisfaction seem to me to be: 1. Not being allowed to increase customer bills by 40% (of which well over 50% of the new total would NOT be investment) 2. 1 plus regulators not agreeing to letting them do 'things in their own time (ie carry on regardless)
    • As already mentioned freely available "credit scores" are fairly useless. All lenders have their own "credit scoring" system, that for obvious reasons they don't divulge. And they're "scored" differently to the freely available ones. As soon as they could, we've always encouraged our two children to use credit cards responsibly... Pay off in full, etc, to generate good history. It's paid off. At quite young ages, they have both obtained loans for cars, mortgage and their credit card limits are through the roof. Personally, I have shifted debt around a lot on credit cards (even financed a house purchase once at 0% 😉) and I've only ever been refused a credit card once, sorry twice by the same company, over many years. They must have something very different in their lending criteria. You're a tight one, Mr Branson.
    • Hi DX - quick question, what is the bank likely to do when they get my letter of change of address ? also what is the worst they can do? thanks J1L
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Former employer overpaid me and is now asking for it back


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5273 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi,

 

My ex-employer (a large public sector place with a reputation for over-paying people) paid me for approx two weeks after I had left, they have now sent me an invoice for repaying them.

 

I never actually recived a pay-slip for a full month's salary (including the overpaid month) and I had no employment contract with them. (They told me it was normal for a contract to take several weeks to come through and i wasnt there very long.)

 

The calculation they have used to come with the overpaid sum takes account of tax/NI and I can't check if their figure is correct (it isnt if I use a net figure) it also doesnt take into account the holiday days accrual that I thought i would have built up or the additional hours i'd worked to build some a day's flexitime that month.

 

I'd be grateful if anyone can tell me where I stand legally on this.

Successfully claimed £620 from MBNA

Successfully claimed £350 from Natwest

Assisted other half to claim £820 from Barclays

Helped a friend claim back approx £250 from Halifax.

Link to post
Share on other sites

At the very least you are entitled to know what your terms of employment were including rate of pay and holiday entitlement before you decide on your next move, so I would write back to them saying that until they provide that information so you can check the accuracy of their figures, you are not admitting owing them anything.

Link to post
Share on other sites

Hi Bookworm, chances are they will provide that information. Is it likely that they will take me to court over this? said organisation accidentally overpaid claimants by millions last year, i just wonder if they will take me to court for a couple of hundred.

Successfully claimed £620 from MBNA

Successfully claimed £350 from Natwest

Assisted other half to claim £820 from Barclays

Helped a friend claim back approx £250 from Halifax.

Link to post
Share on other sites

Well you still need to see how its been calculated.

 

This is your right under the Employment Rights Act 1996 to a written pay statement.

 

If you have been overpaid you will need to pay it back, where you can work it is by saying how much you can afford to pay back per month.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

Link to post
Share on other sites

Like any debt they need to provide you with reasonable proof of what they claim you owe them.

 

As has been said above you also have a legal right to proper pay slips etc.

 

If they have indeed overpaid you they have a legal right to ask for the money back. This only becomes unenforcable after six years (5 in Scotland).

 

As to whether they would take you to court I have no idea. If paying them back puts you in hardship then offer a reasonable monthly amount that you can afford. This is all they would get if they took you to court but the court fee may be added to the debt.

PLEASE NOTE:

 

I limit myself to responding to threads where I feel I have enough knowledge to make a useful contribution. My advice (and indeed any advice on this type of forum) should only be seen as a pointer to something you may wish to investigate further. Never act on any forum advice without confirmation from an accountable source.

Link to post
Share on other sites

A 'debt' normally involves a signed contract though doesnt it? if i took out a loan or credit card i would sign up to their t&c's before they would lend me the money. In this case there was nothing signed and no contract - does that make a difference?

 

Many thanks for the replies folks!

Successfully claimed £620 from MBNA

Successfully claimed £350 from Natwest

Assisted other half to claim £820 from Barclays

Helped a friend claim back approx £250 from Halifax.

Link to post
Share on other sites

A 'debt' normally involves a signed contract though doesnt it? if i took out a loan or credit card i would sign up to their t&c's before they would lend me the money. In this case there was nothing signed and no contract - does that make a difference?

 

Many thanks for the replies folks!

 

Maybe, but doesn't have to. Very few contracts have to be written and signed in English law. OK, easier to prove if they are but can be just as valid without.

 

I could agree verbally to lend you £100. We would then have a contract even if it is not written down. Providing I can convince a court that was in fact what we agree (i.e. not a gift) then they would make you pay it back.

PLEASE NOTE:

 

I limit myself to responding to threads where I feel I have enough knowledge to make a useful contribution. My advice (and indeed any advice on this type of forum) should only be seen as a pointer to something you may wish to investigate further. Never act on any forum advice without confirmation from an accountable source.

Link to post
Share on other sites

Can my employer force me to give back an overpayment of wages?

 

I am sure there is somewher in law that says yes you must pay it back but there is no set timescale for this. I think it might be under the Employment Rights Act 1996.

 

Im sure its somewhere in here Employment Rights Act 1996 (c. 18)

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

Link to post
Share on other sites

I personally think that overpaying an employee and then expecting repayments from them over a long period of time even into their future jobs is nothing short of modern day tyranny, something which should have gone out with the Sheriff of Nottingham...

Should they even be in business at all if they are so bad at looking after their bottom line? At what point do employers take responsibility for being so incompetent with their finances? Or is keeping employees in debt to them against their will over a long period of time (years in many cases...) a way of maintaining a regular income for themselves?! Think about it - the big companies must have a fair number of employees in debt to them through overpayment in any one year, they do it to at least one person per year and very few people can afford to pay it back in one go. So there are thousands of workers across this country, indeed this world, walking round for months and years with a debt round their necks, often complete with CCJ, that somebody else's incompetence gave them! That's a lovely long term income for a badly run business isn't it! Forgive me for being cynical but the hardship of the average blue chip company through overpayment is relatively shortlived compared to that of the average employee.

I feel that the law ought to be changed so that employers can only reclaim a certain percentage back (say 50%) and carry some of the legal and financial burden that they expect employees to carry.

I bet we'll soon see a sharp drop in the number of employers making 'accidental' overpayments.....

Link to post
Share on other sites

Found something interesting on the subject of 'estopple' which may apply, especially to large public sector companies who consistently pay people incorrectly.

Read this link first in which a lawyer advises an overpaid Royal Mail employee

I have been overpaid earnings by my employer Roy... - JustAnswer

And then this one:

Estopple legal definition of Estopple. Estopple synonyms by the Free Online Law Dictionary.

 

Could work! =)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...