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Overpayment on wages - any advice greatly appreciated


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Hi all, I was hoping someone could give me a bit of advice.

 

My partner has recently transferred from the local council and tuped over to a new company. When he did this, he was told by his new employers that he would receive a wage from them and a wage from the old employers in the first month. He did receive both and didn't think anything of it (although turns out this was apparently an overpayment too). The the next month he also received a payment from both the council and the new company. So he contacted the council to tell them, they didn't know about and thought he was still working at the place even though it was boarded up! Four other employees that transferred didn't have any problems. He also received wage slips for both these payments.

 

By the time someone had returned his call about the overpayment, he had spent the 2nd payment as he was on emergency tax because of the council still thinking he was employed by them (so he didn't have a P45). When someone eventually rang from the council, they accepted a payment of £10 per month and said that they would send details of how to pay. This never arrived, but an invoice for the full amount did.

 

They are now demanding full payment of both wage payments, and are denying that there's was anything said about £10 per month. He spoke to them today and they said even if he does pay £10 a month it will go to court anyway. Can they do this if a payment plan was accepted? Any idea what he should do next??

 

Thanks very much and sorry about the long post!

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Hi,

 

I'll move this thread to the appropriate Forum.

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

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  • 2 weeks later...
Hi all, I was hoping someone could give me a bit of advice.

 

My partner has recently transferred from the local council and tuped over to a new company. When he did this, he was told by his new employers that he would receive a wage from them and a wage from the old employers in the first month. He did receive both and didn't think anything of it (although turns out this was apparently an overpayment too). The the next month he also received a payment from both the council and the new company. So he contacted the council to tell them, they didn't know about and thought he was still working at the place even though it was boarded up! Four other employees that transferred didn't have any problems. He also received wage slips for both these payments.

 

By the time someone had returned his call about the overpayment, he had spent the 2nd payment as he was on emergency tax because of the council still thinking he was employed by them (so he didn't have a P45). When someone eventually rang from the council, they accepted a payment of £10 per month and said that they would send details of how to pay. This never arrived, but an invoice for the full amount did.

 

They are now demanding full payment of both wage payments, and are denying that there's was anything said about £10 per month. He spoke to them today and they said even if he does pay £10 a month it will go to court anyway. Can they do this if a payment plan was accepted? Any idea what he should do next??

 

Thanks very much and sorry about the long post!

 

 

As he is still employed with them they can not force him to pay the entire ammount in full.

 

The first payment he got he should not have to pay back as he was under the impression those payments were correct and was told so.

 

For the further payment as he was aware there was something wrong and contacted the correct people to inform them of this he is therfore obliged to pay that money back at a rate that suits him and his financial obligations etc

 

I would advise him to put a written grievance into HR explaining why he shouldnt have to pay the first payment back and explain he does not think he is obliged to pay back the others in full but would be willing to on a monthly payment plan.

I would advise you to seek some free legal advice as government agancies are very persistant that you pay back any public money.

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