Post resignation overpayment - P45 etc withheld

[BLJB]

My previous employer continued to pay me after I left because HR failed to process my resignation. When I received the first payment, I didn't think anything of it. I knew I was owe some money (pay still due, holiday not taken etc.) and therefore when I got it, I just thought I'd underestimated what I was due and, as I'd been struggling to make ends meet, I spent some of it on some much needed things. I didn't twig that it was my salary as there had also been a small pay increase (which I am still mystified about). When I got paid again the second month, I realised the mistake and promptly alerted HR/salaries. The requested reimbursement of the overpayment and I re-paid all of the second payment and a portion of what was overpaid from the first payment. They agreed to let me repay the balance when I can but are constantly asking when this will be. Unfortunately, I have no savings and I can literally only repay from whatever's left out of my currently monthly wage.

 

The bigger problem is that they say I can't have my P45 or transfer my pension contributions til the balance is paid. Also, I think I only have a small window of opportunity to transfer my pension to my current scheme.Can they do this? Also, I read somewhere else on this forum that you don't have to pay back any money that you had no idea had been over paid (which I didn't, or I wouldn't have spent it). Is this true?

 

I'm really p'ed off. Through complete happenstance, I found out two weeks before I left that HR had not received - or, as I suspect, had received but not actioned - my notice of resignation. So I forwarded all the details to them again there and then and they STILL failed to process it, resulting in this mess. And now I feel held to ransom over the P45 & pension thing - as if the option to pay back over time isn't really an option at all. To solve this, all I can do is pay it off by credit card - not a road I want to go down. Is there anything else I can do?

[san_d]

Looking at the positives you've done the right thing to resign as they are obviously clowns.

[Sidewinder]

The pension must surely be with trustees rather than held by the employer? If so, give details of the scheme to the new employer or contact the pension company direct.

 

As for the P45, either get HMRC to contact your former employer or complete a P46 with the new employer.