ex Company Wages Over payment Claimform

[hovercraft]

No idea, I would of sorted before, I have the money.

[BankFodder]

So I don't understand why you have said "one of them may have gotten through". That sounds if are putting your hands up to at least one piece of communication

[hovercraft]

Just saying 1 may/may not have gotten through. But 5 can't go missing.

[BankFodder]

Well let's see what they send. If you are lucky they will have mis-addressed it. If they are not misaddressed then I think probably the best thing to do is to shut up about the pre-action protocol.

[hovercraft]

Ok many thanks again, really helpful.

[Manxman in exile]

9 hours ago, BankFodder said:

So I don't understand why you have said "one of them may have gotten through". That sounds if are putting your hands up to at least one piece of communication

 

No.  I think he's suggesting that out of five letters supposedly sent to him, it's possible/understandable that one may have gone astray, but not that all five would.

 

So he's confirming that nothing has been received by him pre-action.

 

(OP - having dealt occasionally with recovering overpayments in a previous life, I am quite surprised that you've heard nothing at all about this in the last five years.  Normal practice would be to inform you immediately when the overpayment was discovered. 

 

If they ought to have an up-to-date address for you, sounds like they've sent previous correspondence to the wrong address.  Although that does raise the question how they've managed to get the correct address now).

 

Just to add - from my experience I would expect that a prudent employer paying a bonus scheme would use a formal system of informing employees how much quarterly/annual bonus they would be paid, and not just pay some unconfirmed ad hoc amount through payroll. 

 

If they don't have such a system in place, it makes it much easier for employees who have been overpaid to argue legitimately that they did not know they had been overpaid, and would have no reason to believe that they had been overpaid.

 

Just something to bear in mind.  In my experience, virtually all overpayments end up getting repaid, but I'd tell them to stuff the £300 interest as (1) it's their fault in the first place, and (2) they should have chased this up years ago - it's not your fault they've taken five years to get their act in order

[BankFodder]

5 hours ago, Manxman in exile said:

 

N

 

Just to add - from my experience I would expect that a prudent employer paying a bonus scheme would use a formal system of informing employees how much quarterly/annual bonus they would be paid, and not just pay some unconfirmed ad hoc amount through payroll. 

 

If they don't have such a system in place, it makes it much easier for employees who have been overpaid to argue legitimately that they did not know they had been overpaid, and would have no reason to believe that they had been overpaid.

 

This is a very interesting point. Maybe the OP could tell us if there was normally a notification of a bonus or if it simply found its way into the bank account.

If there was normally a notification then this would make it more difficult to argue good faith

[hovercraft]

7 hours ago, Manxman in exile said:

 

No.  I think he's suggesting that out of five letters supposedly sent to him, it's possible/understandable that one may have gone astray, but not that all five would.

 

So he's confirming that nothing has been received by him pre-action.

 

(OP - having dealt occasionally with recovering overpayments in a previous life, I am quite surprised that you've heard nothing at all about this in the last five years.  Normal practice would be to inform you immediately when the overpayment was discovered. 

 

If they ought to have an up-to-date address for you, sounds like they've sent previous correspondence to the wrong address.  Although that does raise the question how they've managed to get the correct address now).

 

Just to add - from my experience I would expect that a prudent employer paying a bonus scheme would use a formal system of informing employees how much quarterly/annual bonus they would be paid, and not just pay some unconfirmed ad hoc amount through payroll. 

 

If they don't have such a system in place, it makes it much easier for employees who have been overpaid to argue legitimately that they did not know they had been overpaid, and would have no reason to believe that they had been overpaid.

 

Just something to bear in mind.  In my experience, virtually all overpayments end up getting repaid, but I'd tell them to stuff the £300 interest as (1) it's their fault in the first place, and (2) they should have chased this up years ago - it's not your fault they've taken five years to get their act in order

Thanks for the reply. Agree, and I think your last paragragh is the way I'll go.

[hovercraft]

2 hours ago, BankFodder said:

 

This is a very interesting point. Maybe the OP could tell us if there was normally a notification of a bonus or if it simply found its way into the bank account.

If there was normally a notification then this would make it more difficult to argue good faith

Agree. Thanks for all the replies.

[hovercraft]

No contact from CSW Law, so phoned them again, they said haven't received anything from Centrica yet. Case is still on hold. Thanks again.

[hovercraft]

Thanks all. Eventually heard back from CSW Law, stating Centrica require the full amount including interest and costs, basically I said no. I'll the pay inital amount overpaid, and I'll argue the extras. CSW came back and told me Centrica would accept the inital amount as a full and final payment, so I paid that and the case is closed.

 

Still nothing from the SAR's.

 

Thanks again all, stay safe.

[BankFodder]

Great. I'm glad you got a satisfactory resolution and also thank you very much indeed for updating us.

[dx100uk]

hope you paid centrica directly?

 

dx

 

[hovercraft]

Thanks again for your help "bankfodder".

 

dx100uk; Good question, I paid as advised to an account: Credit Style Ltd". CSW law (Chloe) confirmed payment and that the case was closed. I'd spoken to her on a couple of occasions. Has to be said, very helpful, wether CSW get a cut is not know.

[hovercraft]

Hi, apparently CSW Law and Credit Style Ltd is one and the same, same building, although different names. And they confirmed again the case is closed.

 

Thanks again.