RLP recovering holiday pay

[dx100uk]

here is the letter

[dx100uk]

quite clearly says 'our client'

 

 

so as with any DCA

RLP can do BUGGER ALL

 

 

ignore them

 

 

pay wilkos directly

 

 

even if by small amounts.

 

 

dx

[BankFodder]

I don't want to be the party pooper but

 

 

I don't think the impression given here a couple of times that OP isn't required to pay these sums

or couldn't be taken to court is correct.

 

 

This isn't one of the alleged shoplifting-type cases where we usually come across RLP.

 

 

The underlying claim here is for recovery of overpayment of wages and OP agrees that happened.

 

 

I'm pretty sure it's established law that if an employer overpays wages in error

they are entitled to recover them and go to court to secure repayment if necessary.

 

 

So to that extent it's not correct to imply that OP wonn't be taken to court,

we don't know how far the employer would be prepared to go.

(Whether Wilinson's subsequent action in refusing the wage repayment when offered has damaged their case procedurally is another matter).

 

 

Whether the additional sums RLP have added to get to £395 can be recovered is a different matter again,

but the wages overpayment itself is surely recoverable?

I think that these are very good points and you are broadly right. Overpayment of wages is recoverable unless it is subject of an estoppel.

[vegetto101]

dx I have tried to pay wilkos directly but they would not accept payment, saying it was out of their hands now.

Otherwise I would pay them and be done with this

[SabreSheep]

Time to report RLP for chasing debts to the FCA me thinks

[BankFodder]

dx I have tried to pay wilkos directly but they would not accept payment, saying it was out of their hands now.

Otherwise I would pay them and be done with this

Make sure that you keep a record of this. If you don't have it in writing then send them a postal order by letter. Keep photocopies of everything

[Mr.P]

The underlying claim here is for recovery of overpayment of wages and OP agrees that happened.

[...]

I'm pretty sure it's established law that if an employer overpays wages in error they are entitled to recover them and go to court to secure repayment if necessary.

[...]

Whether the additional sums RLP have added to get to £395 can be recovered is a different matter again,

but the wages overpayment itself is surely recoverable?

 

I think most of would agree that an (ex)employer does have the right to recover any overpayment of wages in the majority of cases. They have a duty of care to negotiate with the recipient and take in to account any/all personal circumstances. If a repayment plan is accepted, then it should not be passed to a third party and have outrageous "admin fees" added on top. £305.51 to collect a £90 overpayment is just taking the p***.

 

The OP needs to write to the payroll department and make arrangements with them, and only them - If RLP wants to recommend court proceedings, the judge would (hopefully) take a very dim view of the matter.

 

vegetto101: Write to the payroll department with your offer, inform them that you refuse to deal with RLP, and the publicity from any court case would not reflect well on their corporate image - It is important to put this offer in writing so that you have a paper trail in place should RLP push for legal proceedings.

[Ethel Street]

dx I have tried to pay wilkos directly but they would not accept payment, saying it was out of their hands now.

Otherwise I would pay them and be done with this

Make sure that you keep a record of this. If you don't have it in writing then send them a postal order by letter. Keep photocopies of everything

 

I agree. If you can manage to pay it all now just send them a cheque/postal order for £90.50 with covering letter saying it is full and final repayment of the overpaid wages. Send Recorded Delivery and keep copies of everything. It's unlikely they would send it back to you and refuse to accept it. If they did it it certainly wouldn't help their position in court if it ever came to that. If I were in your position and they sent it back I'd write back and say that I took their conduct to mean that they had waived their right to repayment!

[BankFodder]

say that I took their conduct to mean that they had waived their right to repayment!

 

Sorry but I would not say this. Keep everything completely above board.

[Ethel Street]

Sorry but I would not say this. Keep everything completely above board.

 

I wasn't recommending OP did this now, just a possibility for the future IF wilkos rejected the payment.

[vegetto101]

Okay, a bit of an update. I just spoke to the payroll dept. of wilkinsons and they were happy to take payment from me today (change of heart or incompetent staff yesterday?)

I have payed £60.50 off the debt today and assured them I would be paying the final £30 on the 9th. I will have a receipt for payment sent in the post.

[ScarletPimpernel]

I don't want to be the party pooper but

 

 

I don't think the impression given here a couple of times that OP isn't required to pay these sums

or couldn't be taken to court is correct.

 

 

This isn't one of the alleged shoplifting-type cases where we usually come across RLP.

 

 

The underlying claim here is for recovery of overpayment of wages and OP agrees that happened.

 

 

I'm pretty sure it's established law that if an employer overpays wages in error

they are entitled to recover them and go to court to secure repayment if necessary.

 

 

So to that extent it's not correct to imply that OP wonn't be taken to court,

we don't know how far the employer would be prepared to go.

(Whether Wilinson's subsequent action in refusing the wage repayment when offered has damaged their case procedurally is another matter).

 

 

Whether the additional sums RLP have added to get to £395 can be recovered is a different matter again,

but the wages overpayment itself is surely recoverable?

 

The issue here is not whether an overpayment of wages is recoverable or not, but whether RLP is undertaking a licenceable activity - debt collection - whilst unlicenced.

[Ethel Street]

Okay, a bit of an update. I just spoke to the payroll dept. of wilkinsons and they were happy to take payment from me today (change of heart or incompetent staff yesterday?)

I have payed £60.50 off the debt today and assured them I would be paying the final £30 on the 9th. I will have a receipt for payment sent in the post.

 

That's good news. If RLP chase you for their own costs (they probably will) come back for more advice.

[vegetto101]

Ethel street: I will come back for advice if RLP continue to harass me with letters

 

Thank you all for your support and advice, it feels like a massive weight has been lifted. I will be sure to donate once I am more financially stable

And I will definitely keep an eye on the "business" practises of RLP

[BankFodder]

Just tell RLP to go and do the other thing… Actually as they probably are reading this thread, you probably don't need to because they will know that that's what they've got to do, already.

[SabreSheep]

Personally I would write a letter to the CEO of Wilkinson asking if he is aware that his company had passed the debt to a company who is unlicenced for debt collection activity and that as their Clients are jointly responsible for any breaches and that you ARE sending a a complaint in writing to the FCA.

 

Attach a copy of the letter to both.

[silverfox1961]

This is the only email address I have for the CEO

 

[email protected]

 

however, there is also a director named

 

Mr Sean Peter Toal

 

and the registered address is

 

JK HOUSE ROEBUCK WAY

MANTON WOOD

WORKSOP

NOTTINGHAMSHIRE

ENGLAND

S80 3EG

 

So, the three pronged attack is what I would do.

 

1 report RLP to the FCA with a copy of that letter.

 

2 Email or write to Wilco with a copy of that letter and remind them that as RLP are their agent, any action taken by RLP will reflect on their company, especially if the Nottinghamshire press happened to get hold of the story

 

3 Have a bit of fun with RLP. All it will cost you is the price of stamps and some of your time to demand the justification for the extra £300+ that they have added.

[havinastella]

As SF has pointed out, you/we really need RLP to hang themselves and give you a breakdown of the costs. PLEASE, PLEASE, PLEASE don't just let this die down and disappear.

 

I'm sure Jackie has already written you a letter, explaining it was an error, but lets really find out.