Overpayment of Salary

[manaborad]

Hi,

 

I'll keep this as brief as possible.

 

Essentially I'm looking for advice, experience of this problem or pointers on when I can get some free legal advice.

 

I left my teaching job last summer. I resigned in April 2010 and emigrated to Canada in August 2010. My school paid me in September and October 2010 when they shouldn't have.

 

Prior to leaving the school I was advised by more than one member of senior management that I would be paid a months in arrears because I started a full time contract in the middle of a pay period coming off supply.

 

Therefore I thought nothing of the September pay, but when receiving the October pay I contacted the LEA payroll and informed them on 1st Nov 2010.

 

They told me they would look into it and get back to me to let me know if how much I'd been overpaid was correct and how it could be paid back. I give them my full contact details in Canada (phone, address, cell phone, email).

 

Two weeks pass. Nothing. I contact them again and they apologise for not getting back to me and for bringing it to their attention. They said they would deal with it and come back to me.

 

January 26th 2011 comes around and they send me an invoice REMINDER for the full amount and an offer to pay them back via a payment plan. I pick this up from my old address as I'd moved 1st January (still in Canada).

 

I call them and tell them I'd heard nothing from them for almost three months and then an invoice reminder. No 1st invoice, no answer with regard to why I owed them two months pay and not one. They apologise, tell me they will put the invoice on stop and look into it. I give them my new full contact details (new address, new phone number, email and fax).

 

Feb 1st I get an email from HR telling me I do in fact owe two months salary, despite being informed by the school I would be paid a month in arrears. I also get another apology for not keeping me in touch or getting back to me far sooner. I get another thank you for bringing this to their attention.

 

Feb 7th I email them back (HR and Accounts) on the email addresses the provided me to tell them I cannot pay the full amount, but will happily set up a payment plan of a minimal amount and could they contact me with their bank details and discuss if my offer was agreeable. I hear nothing.

 

May 3rd they send a letter from their county council solicitor to my PREVIOUS address demanding I pay the full amount by May 10th or I will incur legal processing, costs and interest. I receive this letter on June 25th due to it being sent to my previous address and postal strikes here in Canada.

 

I know I owe them money, that I am not disputing. I am disputing their methods and incompetence in dealing with this. Can anybody help answer the following:

 

Where do I stand legally?

 

Where can I receive legal advice free of charge?

 

Does anybody have experience of this situation?

 

What steps should I take next? (I have drafted a long letter to their solicitor reiterating my offer and highlight the exact chain of events in detail and disputing their methods and incompetence).

 

I would add I am no longer a member of a union and I don't teach here in Canada. I now work in the private sector.

 

Thanks in advance!

Edited June 29, 2011 by manaborad

[honeybee13]

Hello there, welcome to the forum.

 

Many of us here are not in the first flush of youth and are interested in saving our eyesight . I think you will receive more advice if you edit in some paragraphs to what you've written. I made a start, but tbh it does your eyes in.

 

My best, HB

[manaborad]

Hello there, welcome to the forum.

 

Many of us here are not in the first flush of youth and are interested in saving our eyesight . I think you will receive more advice if you edit in some paragraphs to what you've written. I made a start, but tbh it does your eyes in.

 

My best, HB

 

Fair point! I hadn't realised it had formatted this way. Now edited!!

[honeybee13]

Thank you, excellent, that's very easy to read now.

 

It's only 08.24 UK time, so I expect people will be along during the day with comments for you.

 

My best, HB

[cerberusalert]

They cannot add legal costs for the simple reason they are unable to obtain a CCJ against a non-UK resident.

 

The only way they could possibly take any enforcement action against you would be by going through the courts in Canada & given the costs involved to them both in time & money it is highly unlikely that they'd take that route.

 

At the moment they are sabre rattling, so if I was in your position and you are willing to repay them I would make it clear in no uncertain terms that you are fully aware that they are unable to obtain a CCJ against you because as a non-UK resident you live outside the jurisdiction of a UK court & that you are willing to pay them back at x amount per month as a goodwill gesture.

[cerberusalert]

There are strict rules in place regarding debt collection in Canada, so in case they transfer the a/c to a DCA in Canada have a read of this; http://www.consumeractiongroup.co.uk/forum/showthread.php?307714-Prohibited-Collection-Practices-In-Canada-(Harassment)

[manaborad]

Thank you indeed for the advice.

 

I am inclined to write a 'straight to the point' letter outlining what attempts/communication I have made so far to rectify the situation to everyone's satisfaction and then reiterate my offer to pay a minimal amount each month toward the invoice.

 

Hopefully this will at least slow down the process, prevent them taking any further action (which they have limited options to do anyway) and maybe in time they'll just give up.

 

At best they'll agree to my offer and hopefully that will put it an end to this farce.

 

I have made more than reasonable attempts to solve this and actually brought this to their attention in the first place!

 

Anymore advice gratefully received.

[cerberusalert]

Thread transferred to the Overseas Forum.