Wages paid into old account because of PC upgrade by company - can I get it back?

[lou5357]

Every year, ( for the last 7 years),

I undertake work for a company for 3 weeks of the year.

 

I use the money I receive to live on during the summer holidays. (Groceries, new school uniforms, utilities etc).

 

This year, as every year,

I filled out a form for my bank details/address/phone number etc.

 

I received a wage slip for approximately 1,000 at the beginning of July,

but when I checked my account, there was no money in there.

 

I phoned the company payroll and after checking various bank details,

it transpired that I had been paid into an old bank account that I had not used for nearly 3 years.

 

I asked her how this had happened because I'd used my 'new' umbrella account successfully with this company the previous year,

and she informed me that they'd had a pc upgrade recently and for a few people, the same/similar had happened

- newer bank details lost/reverted to old ones.

 

I explained to her that I had walked away from the old bank because of debt/bank charges

and did not even know whether or not the old bank account was still open. (If it was, they'd have swallowed my 1,000.)

 

I asked her to do a BACS trace on the money but she refused, saying I would have to wait a month.

 

Ironically, I can't claim benefits over the summer because my 1000 pay will no doubt be taken into account.

I have no other income, very little in savings and really need to try and get my money returned.

 

Am I entitled to get it back?

It isn't as though I supplied them with incorrect details.

 

I have written to their head of finance, but as yet, have had no reply.

(The letter was sent a few days ago, but I have phoned numerous times since the beginning of July.)

 

How long should I be expected to wait for a reply?

Is there any other course of action I could take?

Equally annoying is the fact that I paid emergency tax on the pay that I don't have.

Hope someone can help.

Thanks for reading.

[Emmzzi]

I think the problem is that even if you don't agree with how the money has been used (your debts) it has legitimately been paid and you have had the benefit (in debt reduction.)

 

So unless they manage to do a salary recall, which will depend on timing, it may not be possible to do much.

[steampowered]

Well the first thing is to check with your old bank. I assume the account is still open, if it was closed the transfer would have bounced.

[dx100uk]

they should be able to recall it.

 

dx

[lou5357]

Many thanks for the replies so far. I understand the moral/ethical rationale of having 'technically' been paid, but I signed a contract with them (I sign one every year), and explained why they must not use the old account. Legally, they are surely in breach of contract?

I would have thought that a recall would have been possible, but was told I would need to wait 4 weeks to give it chance to come back on its own accord. I found this strange as if it was going to bounce back, surely it would have done so immediately/within a couple of days. Can a wages recall happen after 4 weeks?

I won't have anything to do with my old bank. They wouldn't stop my bank charges/account fees when I lost my job, had no money and had to find cheaper accommodation quick smart before I was evicted. I offered them a nominal amount and the account was simply passed over to a debt collection agency.

[Emmzzi]

You're not helping yourself there... I would call them

[CrappoMan]

A question to put to your employer: If they had made an error entering the account number/sort code and the money went to an incorrect bank account that belonged to a stranger, would they still expect you to wait 4 weeks for it to be sorted out ?

 

If it happened at my employer, I would demand to be paid the same day by faster payments/bank transfer.

 

If you told them of the new parachute account details, then I would argue that you haven't been paid, as they haven't credited the account you specified. The account doesn't have to be in your name, it just has to be the account you specified.

 

I think the problem is that even if you don't agree with how the money has been used (your debts) it has legitimately been paid and you have had the benefit (in debt reduction.)

Emmzi: It is none of his employers business where the money goes, or if it is used to reduce any debt, or if he has technically had any benefit from it. It just has to be credited to the account details provided. This is why this situation is not legitimate.

 

The money that has already been credited (note I didn't say wages/pay/salary) is akin to a gift. If the employer chooses to send money to that account, that is his employers business, it has nothing to with the OP, but it cannot be classified as wages/pay/salary, as it is not the account the OP provided details for.

[renegadeimp]

Could always call the bank. They can trace it and move it.

[lou5357]

A question to put to your employer: If they had made an error entering the account number/sort code and the money went to an incorrect bank account that belonged to a stranger, would they still expect you to wait 4 weeks for it to be sorted out ?

 

If it happened at my employer, I would demand to be paid the same day by faster payments/bank transfer.

 

If you told them of the new parachute account details, then I would argue that you haven't been paid, as they haven't credited the account you specified. The account doesn't have to be in your name, it just has to be the account you specified.

 

Emmzi: It is none of his employers business where the money goes, or if it is used to reduce any debt, or if he has technically had any benefit from it. It just has to be credited to the account details provided. This is why this situation is not legitimate.

 

The money that has already been credited (note I didn't say wages/pay/salary) is akin to a gift. If the employer chooses to send money to that account, that is his employers business, it has nothing to with the OP, but it cannot be classified as wages/pay/salary, as it is not the account the OP provided details for.

 

Many thanks for the response CM; I have been working along these lines as well. I didn't think of the' gif't angle though. However, I appreciate Emmzi's thinking here. I'm not trying to manipulate a situation here where I effectively get paid twice (and in doing so have my overdraft paid for free and get paid into my umbrella account as well), rather, I want to know if this company (and it is a very big/significant one), has the power to phone my old bank, and without giving out too many details, say: 'We've screwed up - this money has gone into the wrong account and we need it back. Our error, we updated our computer package, and for some people, it has meant that unauthorized accounts have been used.'

I could have claimed unemployment and housing benefit for the summer holidays, but being the person I am, I work for this organisation each year instead of sponging off the state.

This muddle has effectively placed me in a situation where I probably now can't claim benefits either. I'm hopping mad, and very worried about how I am going to get through the next few weeks. There is no way I can work for this organisation again if this isn't sorted as it could, potentially, happen again.

[Emmzzi]

yeah - it's not a gift. It's wages.

 

Just call the bank.

[lou5357]

Could always call the bank. They can trace it and move it.

 

Thanks for the reply, but I doubt my old bank will say, 'yeah, no problem. You have an unpaid o/d and fees stemming back nearly 3 years, but don't worry, we'll move it all into your 'umbrella account'.

[Emmzzi]

I want to know if this company (and it is a very big/significant one), has the power to phone my old bank, and without giving out too many details, say: 'We've screwed up - this money has gone into the wrong account and we need it back. Our error, we updated our computer package, and for some people, it has meant that unauthorized accounts have been used.'

 

 

Assuming they are a big company and use BACS - yes, they can do a recall. But in 4 weeks time it'll be too late; I seem to remember it has to be next day or 3 days but it is a long time since I worked in a bank.

[lou5357]

Assuming they are a big company and use BACS - yes, they can do a recall. But in 4 weeks time it'll be too late; I seem to remember it has to be next day or 3 days but it is a long time since I worked in a bank.

 

4 weeks from when they paid it, or 4 weeks from now?

[Emmzzi]

will depend on the bank the payer uses

 

http://www.bacs.co.uk/Bacs/Businesses/BacsDirectCredit/PayingBy/Pages/GettingStarted.aspx

 

As the payer, you remain in control of the process at all times. You decide when each payment will be made. You can submit Bacs Direct Credit payment instructions up to 30 days in advance of the payment date. You can also recall payments after the payment information has been submitted, provided your bank is notified prior to a specific cut off time.

[lou5357]

will depend on the bank the payer uses

 

http://www.bacs.co.uk/Bacs/Businesses/BacsDirectCredit/PayingBy/Pages/GettingStarted.aspx

 

As the payer, you remain in control of the process at all times. You decide when each payment will be made. You can submit Bacs Direct Credit payment instructions up to 30 days in advance of the payment date. You can also recall payments after the payment information has been submitted, provided your bank is notified prior to a specific cut off time.

 

I'm confused., Emma. I'm the payer? I filled out a bank details for bacs payment for my employer to pay me, but this was not honoured.

[Emmzzi]

you are the payee

 

you employer is the payer