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Meepmeep1

Disputing Overpayment

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Hi guys,

 

Some of you may remember a post I made a while ago about a former employer threatening to take me to court unless I worked for him for free.

 

I called his bluff on this after seeking advice from CAB and the police due to it being blackmail and he backed off and things have been quiet for over a month or so.

 

I recently got a voicemail from this former boss (I had blocked all methods of communicating with him) now saying that he has merely overpaid me and he would take money from my account if I did not work for him for free once again (he never gives up it seems).

 

Obviously he will have my account details but cant take money from my account without my permission unless he himself breaks the law.. my main issue is I of course dispute this fictitious claim he overpaid me (it has been approaching 5 months since I stopped working for him and as far as im concerned he owes ME money as I was never paid for the last month), should I just wait for him to attempt to claim the money or take action and speak to a employment solicitor myself beforehand as I intend to dispute the overpayment claim. Where do I stand legally? I would appreciate any comments on this matter.

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Guest iolande

if he owes you why don't you put a claim in at the Employment tribunal? Then at least if he tries to take you to court you can reply that there is already a case pending on the matter. I think you have 6 months to put in a claim for illegal deduction of wages.

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If he owes you money, as the PP stated you should have taken him to an employment tribunal. As three months have passed, you are not able to do that now. Before speaking to a solicitor it may be worthwhile giving ACAS a shout - see what they advise.

 

Acas - How can we help?

 

What evidence do you have that you have not been overpaid? If you have pay slips, P45 or P60 keep these - they will come in handy if he does carry his threat out. Keep the voicemail too.

 

I would strongly advise you to either go back to the police with this voicemail OR/AND (if you qualify for legal aid) ask a solicitor to write a letter to your former employer. He is harassing you as far as I am concerned and threatening you with taking money from your account - which plainly he cannot do. If he has such a claim then he should be claiming it through the appropriate channels, not leaving threatening messages on your answerphone.


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if he owes you why don't you put a claim in at the Employment tribunal? Then at least if he tries to take you to court you can reply that there is already a case pending on the matter. I think you have 6 months to put in a claim for illegal deduction of wages.

 

Ive been hoping to just drop the matter to be honest. I dont care about the money I have a new job, new career and just want to be left alone. I was hoping not challenging him would make him leave me alone.

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If he owes you money, as the PP stated you should have taken him to an employment tribunal. As three months have passed, you are not able to do that now. Before speaking to a solicitor it may be worthwhile giving ACAS a shout - see what they advise.

 

Acas - How can we help?

 

What evidence do you have that you have not been overpaid? If you have pay slips, P45 or P60 keep these - they will come in handy if he does carry his threat out. Keep the voicemail too.

 

I would strongly advise you to either go back to the police with this voicemail OR/AND (if you qualify for legal aid) ask a solicitor to write a letter to your former employer. He is harassing you as far as I am concerned and threatening you with taking money from your account - which plainly he cannot do. If he has such a claim then he should be claiming it through the appropriate channels, not leaving threatening messages on your answerphone.

 

I have Payslips and P60 and P45 to prove I have not been overpaid. Ive decided to speak to the police further about the matter as it's getting ridiculous now. I changed my phone number today and he does not know my address or email which should put pay to any communication from him.

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