Salary Overpayment

[dltracy]

I was hoping someone could help me out with this problem, I worked for the local County Council, but only on a casual basis, I had no work for over a year when I received a payment, at the time I was awaiting a back payment from the Carers Allowance for almost exactly the same amount and as I hardly ever get a bank statement from my bank assumed it was the Carers payment.

Over 2 years later I received a letter from the Council informing me that they wanted the overpayment back and now, when I explained that I didint think that I had been overpaid as technically I wasnt working for them at the time they said I received the payment, they agreed that they wouldnt pursue the debt, another year went by and then they started the we want the money back, I explained that the error wasnt on my part and that according to the internet if is was going to cause hardship to pay the money back most employers would write the debt off. They insisted that they want the money back and have now passed it onto Legal Recoveries & Collections Ltd who want me to pay in 3 days or they will take me to court.

I am a single Mum of 2 and my youngest child is disabled, my ex partner has left me already in huge debt ( approx £26,000) as my Dad is dying of Cancer and im at my wits end to what to do???

Can anyone advise me, where I stand in all of this?

Many thanks.

[Bookworm]

I think that if you are in real hardship on a tight budget, you need to make an income and expenditure list, work out how much you can realistically afford to repay per week/month, and tell them that this is what you'll repay, and stick to it.

I don't think you'll get very far on your above explanations, tbh.
a) You "assumed" that the payment came from CA, that doesn't exonerate you from owing the money to the Council.
b) "technically" whether you were working for them or not is irrelevant, yes, they made a mistake, and so did you by assuming that it was from CA, so that can't be used as an excuse.
c) same as above.

IF you have it in writing that they agree not to pursue the debt, however, it is a different matter and you should send in a copy pointing it out, and saying that if they want to go to court, you will defend all the way. If you haven't it in writing, I strongly suggest you follow the advice higher up before you end up with a CCJ.

[dltracy]

Thanks for the advice, but is it still a case that they have to prove the debt, not just a case of we said you had the money therefore pay us back?????

Only asking as when I spoke to them they assumed that I knew exaclty when and how much was paid and I dont and they are adding fees, which I have asked them not to and they are still adding them????

[Mortious]

get them to prove the debt in writing to you. Then if you have a letter with them confirming they will not persue (as above) then send them that afterwards.

[dltracy]

Many thanks for write and ask them to prove the debt and then go from there.

Thanks again.

[Bookworm]

What do you mean, "prove the debt"? All they have to do is show they made a payment which will show, by your own admission, that you were not entitled to the money, and that they have requested that you pay it back, and you have failed to do so.

Unless you can have something in writing that either a) you were entitled to that money (payslip, hours sheet, etc, which you yourself have said won't happen, since you know it was paid in error) b) they said they would write off the debt, you have no defence, and the judge WILL rule in their favour.

[dltracy]

There is NO reason to be so rude, I am only try to find out where I stand, as they themselves say that they know the money left their bank but have no proof that it was received into mine, I have admitted nothing.

I am under severe stree at the present time and have been recently put on anti depressants due to extreme personal problems and only vame to this site to find out if I could get any help, not to be treated like a piece of scum.

[dltracy]

There is NO reason to be so rude, I am only try to find out where I stand, as they themselves say that they know the money left their bank but have no proof that it was received into mine, I have admitted nothing.

I am under severe stress at the present time and have been recently put on anti depressants due to extreme personal problems and only vame to this site to find out if I could get any help, not to be treated like a piece of scum.

[Bookworm]

Where have I been rude?

I am giving you the best advice I can to avoid you ending up with a CCJ.

Simply because it doesn't fit with what you want to hear is being neither rude, nor treating you like scum.

On the other hand, if you want to follow the advice given by the other person on this thread, go ahead. It is up to you to decide whose advice you want to follow, if anybody's.

[Rooster-UK]

Hi DLTracy.

You asked for advice. You received advice from a very knowledgeable person, who advised you on the BEST course for you to follow to avoid problems to yourself with the legal system.
At no time has anyone been rude to you and you have NEVER been treated like scum by any moderator on this site.
If you ask for advice, we will give you advice.....the most accurate and reliable advice that we can. If that advice is not what you wanted to hear, well I'm sorry but we only give advice that is as accurate as we can. If the advice doesn't suit you, well you don't have to follow it. But if you ignore the advice freely given in good faith and things go pear-shaped then please don't blame the team.
We have only one aim, and that is to give you the best advice that we can. If you don't like the advice that we give then don't follow it.
But also, don't accuse the team members of being rude and treating you like scum, when they are trying to look after YOUR interests.

Any further attacks on the moderators will result in this thread being closed.

Regards, Rooster.