Salary Overpayment - Legal?

[pinoy7]

Need some advice on the following as I am having some trouble deciding what to do.

 

I applied for a job with a company last summer. Attended an interview, was successful.

 

I filled out my personal details (including bank account details) on a standard issue form at the interview.

 

By post, I was notified I had been successful and they would like to offer me a position, with an induction day starting on "X date".

 

They sent me contract of employment in the post along with the general starting pack etc

 

I did not attend the induction day because I decided not to take the job. I informed them of this via telephone.

 

At this point, I had not signed any contract of employment, or even accepted the position verbally or by any other means.

 

They then paid 1 weeks pay (the job was paid weekly) into my bank account at the end of the week my induction was due to take place.

 

They sent me emails to start with, claiming salary overpayment and that I was to refund the money.

 

They then sent me letters in the post.

 

They then referred me to a debt collection agency.

 

The DCA communicated with me via email.

 

I asked them to provide:

 

1) Proof of agency (they have provided this in the form of a letter from the company in question detailing they authorise the agency to collect debt on their behalf)

 

Is this acceptable?

 

2) Validation of the debt (i.e proof that they paid X amount of money to me. They sent me a document which is a print out of some sort of company internal pay system. Showing my name, payroll number and bank account details. And amount paid).

 

It did not show a date of the payment or specific details of the payment.

 

Is this acceptable?

 

3) A copy of the contract, employment contract or credit agreement, signed by both parties, including my signature, therefore binding both parties.

 

(They said they do not have this as they agree I never signed a contract of employment).

 

Now, what are my legal rights in this matter?

 

Am I correct in thinking, because I never accepted any position, or signed any contract of employment, I have no contract with them, hence any mistake they make in paying me money, I am not legally obliged to repay?

 

As I did not sign a contract of employment which would cover overpayments etc.

 

Could someone shed some light on this for me please? As I need to respond to the debt collection agency.

 

Many Thanks

[Philip23]

I don't know the legalities of this, but the fact is that the money wasn't yours. In my view you should repay it.

 

Sorry!

[pinoy7]

I don't know the legalities of this, but the fact is that the money wasn't yours. In my view you should repay it.

 

Sorry!

 

I understand that it is their mistake.

 

And perhaps under moral standards I should repay it.

 

But to be honest, I am in a lot of debt and their error set me back even further, as I didn't realise they had paid me at first. So why should I? They shouldn't have made the error.

 

Anyway I am not looking for a debate on whether it is morally right or wrong, sorry.

 

My question is, do I legally have to pay it back. And can they take action against me for not paying it back.

[elpulpo]

The crux of the matter is that if it goes to County Court the District Judge will order you to pay back the money. Trust me, you won't get an opportunity in a small claims matter to start arguing technicalities.

Plus court costs, legal fees and interest.

So your best bet is to contact them and organise repayment. If you're skint, they'll accept payment in instalments.

[pinoy7]

Thanks for the reply.

 

Would it be unreasonable of me to ask the DCA for better proof of the payment? As what they have provided me with so far, includes no details or date of the payment.

 

Ok so I have to pay it back and there is no way out of it?

 

I am currently seeking work and in receipt of benefits, so I guess once I prove this to them, plus my income/expenditure which is the same amount.

 

They cannot force me to pay more than I can afford?

 

So if I offer £2 per month whilst I am in receipt of benefits they have to accept this and if they don't, they will not be able to obtain a CCJ? As they refused my offer?

[elpulpo]

You can ask for further info if you wish.

I very much doubt you could get round it, if it went to CC.

If the payment had been years ago, not noticed and long since spent, you might have the argument of Estoppel, but it's a complicated matter.

 

I don't know the specific rules about settling debts, but my understanding is that they should accept a reasonable offer. Might be more than £2 a month.

[Acropolis]

Yes they made a mistake and they shouldnt have paid you, but you shouldnt have spent the money either. You knew you were not entitled to it and should have returned it to them immediately.

 

Did you make any attempt to contact them when you realised they had paid you? or did you keep quiet about it?

 

Are you disputing with them that they paid you, are you saying you never recieved the payment? If so why? I am assuming this was paid into your bank account, so if you want more proof then look at your bank statement, it will clearly show the payment on there.

 

If you are disputing they mde the payment, again why? if it goes to court, you will probably need to show that you didnt recieve the payment, which you cant, if it was paid into a bank account. So how can you dispute the payment.

 

You recieved the money, you then spent the money knowing you shouldn't have had the money. Pay it back.

 

If it goes to court, it will only get worse and cost you more in the long run.