Former employer threats county court -OVERPAID WAGES HELP!!

[miss_b]

Hi All

 

I hope I am the correct forum so here goes (fingers crossed)

 

I left my employer of 6 & a half years in early feb, final wage 28th feb.

I did not receive a wage slip or p45. At the end of March I received a letter claiming I was over paid by £580 and to send a cheque immediately.

 

I received basic salary, bonus, untaken holiday pay & redundancy pay. Therefore the amount was substantially higher than my normal salary and no final amount confirmed by my employer. I was unemployed and the majority of the money spent by the time I received the letter. I wrote to them requesting my pay slip and a breakdown of how the overpayment was made so I could arrange repayment.

 

2 weeks later I received the incorrect pay slip,the following week another letter requesting the amount in full. I again wrote to them requesting an explanation of why/how I was overpaid, so we could agree a repayment schedule. I never received a reply.

 

Today I received a letter from their solicitor saying it is a "letter of claim under the civil procedure rules 1998" basically saying they have written to me and feel I have do e nothing about it and that I must pay the amount in the next 7 days or my former employer will issue proceedings against me for breach of contract in the County court.

 

I want to repay the amount but feel it is only fair they tell me how the error was made as iv also over paid tax due to this. Can they actually take me to court in 7 days or is it a scare tactic to get the full amount. I can repay but it would be in instalments.

 

Any advice would be greatly appreciated. Thanks

[reallymadwoman]

If this relates to February 2007 then they cannot issue proceedings as it is statute barred.

 

Just to clarify, when exactly was the last time you had any contact with them?

[Emmzzi]

A solicitor will write any letter you like if you pay them.

 

Write back to the solicitor (this will cost your employer money) and explain that you have twice requested a full breakdown of the final wage and the details of the overpayment, and on reciept of this you will consider the question. Until that time, however, you will be unable to further assist.

[Emmzzi]

If this relates to February 2007 then they cannot issue proceedings as it is statute barred.

 

Just to clarify, when exactly was the last time you had any contact with them?

 

I read that as had worked for them for 6.5 years; not been left employment for that long.

[honeybee13]

Hello there.

 

I see you have a similar post in the employment forum where you've had some replies.

 

My best, HB

[honeybee13]

Hello there.

 

I see you have a similar thread in the legal forum.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?398697-Former-employer-threats-county-court-OVERPAID-WAGES-HELP!!&p=4303344#post4303344

 

HB

[miss_b]

Hi thanks for the replies, I left feb 2013 and had been an employee for 6.5 years. The last time wrote to them was mid April, recorded delivery and I never had a response.

 

The letter says to respond to my old employer not the solicitor. So if I respond within 7 days offering to repay if they provide what I request do you think they can still take me to court if I haven't paid it in full within 7 days?

[unclebulgaria67]

Yes they can take you to court. So what you need to do is write back to the Solicitors saying that on numerous occasions you have asked your former employers for full details of any salary overpayment, as you are not aware of receiving any overpayment. Once full details are received, you will organise for the relevant amount to be repaid. Send recorded delivery.

[citizenB]

If they have issued a Letter before Claim, then they are obliged by Pre action protocols to provide you with the information you request.

 

If they don't, and issue a claim, you can use CPR rules in order to obtain the information, again if they don't provide at the early stages, you can ask the court to order them to disclose.

 

It is their claim, they are obliged to provide the evidence.

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct

[Emmzzi]

first they have to show there is a debt, which they haven't. respond to the company cc the solicitor. No mention of repayment until they show there is a debt.

[miss_b]

Thanks for your advice guys, so if I write to them requesting a breakdown they should comply.

 

What is your opinion on the payment in 7 days am I able to tell them what monthly repayments I am willing to pay or do they decide how much?

[miss_b]

Thanks Emmzzi

 

When they have supplied the breakdown must I pay in full or can I pay monthly repayments which suit me?

[citizenB]

I have merged both threads otherwise it will become very confusing with people not knowing what has been said on another thread.

 

 

Thanks Emmzzi

 

When they have supplied the breakdown must I pay in full or can I pay monthly repayments which suit me?

 

It is their error, you should be allowed to repay in instalments. If it were to proceed to court and you were to lose, then you would only be ordered to repay in a manner that you can afford.

 

TBH, I would wait and see if they can provide evidence of the overpayment and exactly how much that is before making any confirmed offer of repayment.

 

Your letter should be along the lines of ..

 

 

I have received a Letter before Claim from SOLICITOR. Having written many times, you have still failed to provide a breakdown of the overpayment. These letters have been sent by tracked mail and I am aware they have been received and signed for.

 

If you were to issue a claim, then the court will have expected you to have provided this information.

 

I ask you again, please provide a detailed breakdown of the overpayment you say you made to me.

 

I will then be able to discuss this further with you.

 

etc, etc.

[miss_b]

Ahh thanks citizen B didn't have a clue how to do that lol.

 

I shall write to them and hope for the best, after how unhelpful they have been I will suggest repayment at a schedule suitable to me.

 

I left 5 months ago and still no p45!!

[citizenB]

It is actually illegal for them to withhold your P45

 

If you want to pop a draft of your letter on your thread, then we can fine tune it for you.

[citizenB]

Just for information

 

You would have paid tax and insurance on the original (incorrect so they say) wage.

 

They should rework your payslip with the correct figures, salary, overtime and holiday pay, minus the tax and insurance on the correct salary.

 

HTH.

[miss_b]

Dear xxx

 

I write in response to a letter received 1st August from your legal representatives.

 

I wrote to you via recorded delivery (copy of receipt enclosed) which was signed for by a member of your staff on 8th may 2013. The letter was marked for the attention if HR, even though effort was made on my part to resolve the matter your company chose to ignore my letter and not respond.

 

Since the issue came to light you have sent me the incorrect wage slip and not the corrected one. I have asked on numerous occasions for a breakdown of the payment of what I should of been paid in order to understand why I have been overpaid. It is not an unreasonable request. Upon receipt if this information I will be happy to begin repayment as requested.

 

You have also failed to supply my P45 even after 5 months of leaving the company. It is extremely unreasonable to with hold this due to the overpayment issue. HMRC are aware of this and they have received a detailed letter informing them if this issue.

 

If you chose to proceed with court action I will defend until the written breakdown had been supplied. I wish to resolve this matter as soon as possible as I am sure you do also.

 

Kind regards

[miss_b]

CitizenB- just a rough draft from the top of my head. Any tweaking to make a statement would be much appreciated

[citizenB]

IMHO, it looks perfect You might want to wait and see if there are any other comments, but I would be happy for it to be sent Recorded delivery of course

[miss_b]

Ok that's great thanks for your help an advice. Always good to have some reassurance that I'm taking the correct course of action.

[stu007]

Hi

 

What I would suggest is since the Solicitor has said to respond to the employer I would respond to both with the same letter that way both are getting the exact same letter. (bear in mind has the employer actually told the solicitor the full facts of this issue)

 

I would address your letter to the Employer but at the bottom of your letter posted after:

 

King Regards (leave a space to sign and under it put):

 

CC: Mr/Mrs/Miss Joe Bloggs, XXX Solicitors, There Address.

 

Then forward their Solicitor a Copy of the Response that you send to your Employer.

 

(Always ensure to get proof of posting)

Edited August 1, 2013 by stu007

[miss_b]

Exactly they will have only given their version of events.

My former employer has breached the employee rights act on many occasions in regards to not supplying payslips & p45 etc.

 

I'm trying to get the matter sorted and they ignore letters and get divisors involved. It's like they are trying to avoid explaining the error in black and white.

 

Thanks for the tip, I will definetley include both parties.

[stu007]

Your more than welcome for the tip and please keep us updated

[stu007]

Hi

 

This link from HMRC on "When an Employee Leaves or Retires" may be of help: http://www.hmrc.gov.uk/payerti/employee/employee-leaves.htm

 

Some other info that may be of use when an employer has made an accidental overpayment of wages, the statutory position is that the employer can recover this by deducting the overpayment from future wages or salary. This is covered by s.14 of the Employment Rights Act 1996, which provides that protection from deductions from wages does not apply to an overpayment of wages or employment-related expenses.

 

This is the link to s.14 Employment Rights Act 1996: http://www.legislation.gov.uk/ukpga/1996/18/section/14

 

It states:

 

14 Excepted deductions.E+W+S

(1)Section 13 does not apply to a deduction from a worker’s wages made by his employer where the purpose of the deduction is the reimbursement of the employer in respect of—

 

(a)an overpayment of wages, or

 

(b)an overpayment in respect of expenses incurred by the worker in carrying out his employment,

 

made (for any reason) by the employer to the worker.

 

(2)Section 13 does not apply to a deduction from a worker’s wages made by his employer in consequence of any disciplinary proceedings if those proceedings were held by virtue of a statutory provision.

 

(3)Section 13 does not apply to a deduction from a worker’s wages made by his employer in pursuance of a requirement imposed on the employer by a statutory provision to deduct and pay over to a public authority amounts determined by that authority as being due to it from the worker if the deduction is made in accordance with the relevant determination of that authority.

 

(4)Section 13 does not apply to a deduction from a worker’s wages made by his employer in pursuance of any arrangements which have been established—

 

(a)in accordance with a relevant provision of his contract to the inclusion of which in the contract the worker has signified his agreement or consent in writing, or

 

(b)otherwise with the prior agreement or consent of the worker signified in writing,

 

and under which the employer is to deduct and pay over to a third person amounts notified to the employer by that person as being due to him from the worker, if the deduction is made in accordance with the relevant notification by that person.

 

(5)Section 13 does not apply to a deduction from a worker’s wages made by his employer where the worker has taken part in a strike or other industrial action and the deduction is made by the employer on account of the worker’s having taken part in that strike or other action.

 

(6)Section 13 does not apply to a deduction from a worker’s wages made by his employer with his prior agreement or consent signified in writing where the purpose of the deduction is the satisfaction (whether wholly or in part) of an order of a court or tribunal requiring the payment of an amount by the worker to the employer.

 

 

Also this link from ACAS may be of use also its on Pay Deductions: http://www.acas.org.uk/index.aspx?articleid=4125

Edited August 1, 2013 by stu007