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gadgetman55

Recovery of overpayment by solicitor and employer is this legal.

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Will make this brief as possible any help or advice would be appreciated.

 

September 2015 daughter leaves job at bank call centre.

October 20th 2015 she receives final pay owed.

 

November 20th and 30th daughter receives letter from overpaid salaries team requesting the return of £390.66 overpayment daughter foolishly ignores letters.

 

December 22nd 2015 My daughter receives letter from solicitors instructing her of the banks passing of debt to be recovered to them. Threat of court action and interest charges, legal costs and court fees will be applied if it goes to court, and all the usual threats that gets included in these letters.

 

December 24th 2015 Daughter comes clean about letters and overpayment to mum and me. Mum agreed to loan her the money to clear debt.

 

24th December 2015, Daughter contacts solicitors payment line while mum listens to call as well, payment approved and reference number given to my daughter, thought that was it all sorted.

 

November 2015 Daughter contacted by banks pension dept as to refunding her contributions made, as she had not completed full year with them, Daughter sends paper work back with details of how refund to be returned Sum of £299 minus tax and NI.

 

Pension refund misses pay date in December so after phone calls made by my daughter was informed it be more likely to be received in Jan 2016 payroll date, No money received by my daughter on 20/01/16 pay date.

 

January 21st 2016 daughter contacts payroll dept to find out why money has not been paid in, as it was a 0845 number phone bill shows time and date and length of call on land line. She was informed on that day and over the phone that the money was not being repaid to her as it was being used as part payment for outstanding debt, a debt that was as far as all were concerned had been cleared, oh how wrong we were. Not once during the phone call did the bank mention that they had informed my daughter by letter or email or phone prior to this date that they were going to recover the money by this means in fact no further correspondence was received from the bank since November.

 

January 21st 2016 A phone call made to solicitors to find out why bank not received the payment, was told by the operative that money had missed there payment date when they pay the creditors. Not once during the phone call on 24th Dec did the operative make clear to my daughter that this would happen or that they would not contact the bank as to the debt being collected. Are they legally allowed to do this, my daughter and myself are at a complete loss as to why this kind of behaviour is allowed to go on.

 

As of me posting this thread no money has been returned to my daughter or any explanation by both companies has been offered should I contact the head office board members and SRA with complaints about this or will I be wasting my time.

 

Thank you for reading the thread.

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Hi gadgetman55 and Welcome to CAG

 

I have moved your thread to a more appropriate forum were you will get a better response.

 

Regards

 

Andy


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Which bank was this please?

 

Your account is not completely clear.

 

I understand that the bank overpaid your daughter's final salary.

 

With your help it was eventually repaid.

 

The bank doesn't seem to appreciated that the money was repaid and have considered it to be an outstanding debt.

 

The bank owes your daughter money in overpaid pension contributions.

 

They are withholding the repayment of the overpaid pension contributions because they are setting it off against what they believe is an outstanding debt – but which has already been repaid.

 

Is this all correct?

 

 

 

Also, can you please tell us a bit about the original overpayment to your daughter? How much should she have been paid? And how much was she actually paid?

 

Did she realise that she had been overpaid at the time?

 

Please will you read our customer services guide and implement the advice there. Start recording all calls when you're dealing with any company especially banks and especially in this case.

 

Once you have set up a call recording system start calling the bank again and start encouraging them into a conversation where they make various admissions.

 

Apart from anything else, it will be interesting to record them saying that they have a salaries overpayments team, and also that money wasn't paid in because some credit date was missed.

 

Get any other information you can but get it recorded. Simply standing next to the phone listening in is not very helpful.


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Thank you for the quick response, the bank in question is LLoyds Bank Plc, after reading your reply i went back and got what i thought was one of the letters LLoyds sent to my daughter reguarding the overpayment, it turns out that the letter on closer look was not from Lloyds but on behalf of Lloyds through Drydensfairfax solicitors but they use headed paper with Lloyds logo on it, and the address on it states LLoyds Banking Group Plc and the PO box number. I do not have the first letter they sent to hand with a breakdown of the alleged overpayment but will ask my daughter for it when she comes home after work assuming she has not lost it. The letter is clearly stating from Overpaid Salaries Team. Until the letters arrived I think she had no idea she had been overpaid but will double check.

 

The money being returned to her by the pension group was for her contrbutions for the period she worked at Lloyds bank call centre, as she had not completed a full year at the job they can return the contributions to her or transfer to another pension scheme, at the time of the pension group contacting her she was still looking for work and so informed them she would have the contributions minus Tax and NI paid back into her bank accout.

 

The solicitors never stated to my daughter that there was a payment date when they would return the money to Lloyds nor that they would not inform Lloyds, is it me or is this a very weired and complicated set up that these companies are running.

 

If you require copy`s of the letters sent, I can upload them with help.

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Lloyds, of course.

 

What a hoot that they're so incompetent that they actually have to have a permanent – Salaries Overpayment Team – in order to unravel their mistakes.

 

The fact that this is clearly a pattern of mistakes may help you later on.

 

Yes please. Please talk to your daughter. Let us know.

 

Meanwhile, please read up on estoppel and you will then understand that it may not have been necessary to succumb to the banks pressure to repay the money if it had been innocently received.

 

However, you can be certain that Lloyds would never tell you your rights whether you are a customer or an employee.

 

However, there may be a basis for pleading an estoppel if you decide to claim for the overpayments and they then raise some kind of counterclaim.

 

You cannot raise an estoppel in a claim so you would be unable to reclaim the money that you have agreed to repay.

 

A shame that you didn't come to us a lot earlier isn't it?


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Just a quick update looks like my daughter has mislaid her first letter from the alleged overpayments dept who look more like the solicitors writing on behalf of Lloyds using the banks stationary. She is going to contact them again with a request to have the paper work re-sent to her. Thanks for all the advice so far, will update as soon as I find out more.

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