Salary Overpayment Help

[Tosh-BMX]

Hi, I could so with some help here as im not too sure what to do.

I left my former employer 8 months ago and only recently I have received a letter from thier solicitor saying that I have been overpaid. This is the first line of contact from them since i ended my employment with them, this was 8 months ago. They are demanding that I pay them back now. I feel that as it was not my fault and thier mistake that I should not suffer because of this.

 

Like I said it was 8 months ago since I left employment with them, what rights do I have? if any?

 

Any help would be great

 

cheers

[hitchy1]

Hi, I could so with some help here as im not too sure what to do.

I left my former employer 8 months ago and only recently I have received a letter from thier solicitor saying that I have been overpaid. This is the first line of contact from them since i ended my employment with them, this was 8 months ago. They are demanding that I pay them back now. I feel that as it was not my fault and thier mistake that I should not suffer because of this.

 

Like I said it was 8 months ago since I left employment with them, what rights do I have? if any?

 

Any help would be great

 

cheers

 

How much are they requesting you pay back and what does the solicitors letter say?

[Tosh-BMX]

It turns out I owe the former employer £650 and now a further £150 for the solicitor costs too.

[Tosh-BMX]

And the letter basically says they they want a written proposal for a payment scheme to pay it back otherwise they do the following,

take me to court

send the bailiffs round

take out a ccj on me

 

Just to get them off my back I would pay them back but i dont have a spare £800 just laying around

[hitchy1]

And the letter basically says they they want a written proposal for a payment scheme to pay it back otherwise they do the following,

take me to court

send the bailiffs round

take out a ccj on me

 

Just to get them off my back I would pay them back but i dont have a spare £800 just laying around

 

Can you post a copy of the letter please. It's difficult to draft a response without it.

Dont worry about the threats, they actually have to go to court to get a ccj and then only could they threaten bailiffs if you didnt comply. Need to understand how the overpayment has arisen. Presumably you left the company but had been paid to a certain date?

[Tosh-BMX]

They sent me one letter saying a full amout of money I owed them but there was no explanation to where this amount had come from so I responded to them with a letter asking for a breakdown of this. It seems that I left employment with them on the 13th of August but they paid me until the 29th August. I had so much money coming in and going out that i didnt even notice what i had been paid. That why it was such a suprise to me 8 months later to receive these letters from them.

 

Following is the latest letter that the solicitors have sent me: -

 

Claim number XXXXXX

 

Further to your recent letter on this matter, this debt relates to an overpayment of salary. We enclose copies of the letter and wage slips send to you at the time, by our client. (I never received these at the time)

 

As there was no response we have been informed that you had left the address and have only recently been able to trace your current whereabouts.

 

All documents have been served at the last known address and are deemed as served by the Court, irrespective of whether you were actually living at the address.

 

We recommend you obtain your own legal advice should you dispute this matter further, otherwise we require your firm written proposals for payment within the next 7 days, to prevent enforcement action being taken against you.

 

We trust the above explains the matter and await your early reply

 

yours faithfully

 

.......

[hitchy1]

They sent me one letter saying a full amout of money I owed them but there was no explanation to where this amount had come from so I responded to them with a letter asking for a breakdown of this. It seems that I left employment with them on the 13th of August but they paid me until the 29th August. I had so much money coming in and going out that i didnt even notice what i had been paid. That why it was such a suprise to me 8 months later to receive these letters from them.

 

Following is the latest letter that the solicitors have sent me: -

 

Claim number XXXXXX

 

Further to your recent letter on this matter, this debt relates to an overpayment of salary. We enclose copies of the letter and wage slips send to you at the time, by our client. (I never received these at the time)

 

As there was no response we have been informed that you had left the address and have only recently been able to trace your current whereabouts.

 

All documents have been served at the last known address and are deemed as served by the Court, irrespective of whether you were actually living at the address.

 

We recommend you obtain your own legal advice should you dispute this matter further, otherwise we require your firm written proposals for payment within the next 7 days, to prevent enforcement action being taken against you.

 

We trust the above explains the matter and await your early reply

 

yours faithfully

 

.......

 

The law is on their side in that they can reclaim the overpayment and it sounds like they have the evidence that they tried to contact you previously. You could contact the citizens advice bureau for advice, alternatively the letter is asking for your proposals. In other words you could write back to them explaining your current financial situation and offer to make a monthly payment to them which you can afford. If you do go to court they will add more charges and there is a very good chance they would win. the other thing to do is check the original contract you had with them if you still have it, sometimes it stipulates rules on overpayment.