advice re overpayment at work issue

[Pablo1]

Hi folks, this is what the letter says.

 

"I left employment at firm X on 4th June 2008 and received final salary in 27th June 2008. You were overpaid due to taking 13 days annual leave that you had not accrued and 2.5 days sick leave that we were unable to deduct from your final salary. This means that you owe X £1,031.03 after deduction of tax and NI."

 

Now, they are threatning legal action against me in form of CCJ.

 

I was wondering if i make them a payment offer of £20 p/m. Would this be something they have to accept? I can say that given my finances, this is all i can afford to pay?

 

Second, i don't understand the 2.5 sick day concept as this firm didn't pay you sick pay and so i don't understand how they can claim that?

 

What are my options

 

Advice much appreciated in this circumstances

[elche]

Well the sick pay means that they are claiming that you had 2.5 days sick and that they erroneosly paid you for this time. If you had no contrcatual sick pay scheme then 2.5 days would not qualify for SSP they are essentially saying this is an overpayment.

 

If you weren't sick for 2.5 days then you do not owe this.

 

As for the civil litigation to recover the rest you may want the advice of an expert in litigation. What I can say is that an employer is entitled to attempt to reclaim overpaymemts of salary, subject to the defence of estoppel.

 

That £1000 ish = small claims track so your employer won't get their legal fees back beyond court costs and fixed sol's costs at £80. If they have an in house legal dep't they may pursue it, if they have to employ a solicitor they may not.

Edited August 7, 2008 by elche286
typo!

[seftonview]

Do you wish to dispute the overpayment, or do you feel you would like to just go ahead and make repayments?

[Pablo1]

I want to dispute the amount as im not sure how they have calculated this?

 

Also, I'm more than happy to pay what is rightfully owed. However, I will pay in installments as i cannot pay the amount in full as i am not working.

 

They are a debt collection firm so they do have a in house litigation team.

 

However, i could respond with an offer of 100p/m and say that i am working part time and this is the best i could pay.

 

If they reject this, i can do full I&E and prove in court this is more than reasonable.

 

If they decide to take it to court, who would the court favour?

[seftonview]

I would write to them along the following lines:

 

 

Sir:

 

Thank you for your letter of {date}. I understand you contend that you have erroneously overpaid me in respect of my employment which ended on 4th June 2008. I understand that you contend I have been overpaid in the sum of £1031.13 after deduction of tax and national insurance.

 

Please furnish me with full details of how you have calculated the overpayment that you allege. Until such time as you have done so I regret that I am unable to enter in to further discussion on this matter.

 

Yours sincerely,

 

 

Do you have a copy of your written statement of employment particulars, and all of your payslips from this employment?

[Pablo1]

I've just checked with my bank and the last wage went in May NOT JUNE.

 

Therefore, they are mistaken.

 

The only thing i owe them is probably 13 days Annual Leave, but that amounts to approx £70 a day if that and the amount they have is totally incorrect.

[lillybeth]

I know someone who is in similar situation.

 

They left company and they were paid what they thought was their final wages and commission. the company have now written to him advising that they have paid him in error. Does he have to pay this back?

[Lula]

Hi LillyBeth, you need to start your own thread giving more detail and then someone will be able to help you.