When a company you previously worked for says they overpaid you?

Question

When a company says the overpaid you by £1000 and wants it back (this is several months after leaving) and are taking you to court to get it back, what is the best thing to do?

my mate has sent them letters in the meantime about repayment and not recieved anything until the court summons. She does not have the money to pay them off, and it was their mistake anyway! they even did her P45 without taking notice of this money they 'overpaid' her

also, if or when the judge orders her to pay the bill, this will go against her for mortgages etc wont it? im proposing to this girl in a week and we are gonna live together

Answer 1

Legally, she does have to pay it back. Having said that, they can't just send her a letter demanding it back, and all at once. This happened to me, only I had one last pay packet to receive and they did deduct.

Tell her to make sure that she keeps all necessary paperwork, ie. any letters she has sent them, so that she can use them if and when she goes to court.

If she is willing to pay it back, tell her to write a letter to them, stating that she will pay them back at so much per month. This will go in her favour if and when she goes to court.

Obviously, she can't pay something back in one go if she doesn't have it, so no judge will demand that she does. It will probably only be the small claims court too.

So like I said, just tell her to keep copies of all correspondence sent to them, and for her to record deliver them, that way she gets a signature of proof that they received it. She can get a copy of this from the Post Office once signed.

Tell her not to worry about it, the judge will probably tell her she only has to pay £1.00 a week or something silly like that. Also if she does go to court, tell her to do a breakdown of her incomings and outgoings, so the judge can look at it.

I wish her all the best, I don't think she has anything to worry about.

Answer 2

I would take legal advice on this and not wait till a summons appears go to legal aide in first instance for free advice if you are in scotland or go to some other free legal person to see what they advise she will NOT have to pay this back all at once and she should keep copies of all letters sent to the company and take them to court with her if attending or submitt copies to the court a lot depends on where you live as tothe law and debt

Answer 3

Anyone in this situation has to pay the money back, under UK law you are NOT entitled to keep money paid to you in error.

At the end of the day, the company will want its money. If they have issued proceedings then they will presumably have done so through solicitors. Admit the amount that is owing (to keep court costs down) and contact the company's solicitors to arrange some sort of staggered payment.

Answer 4

I don't know about the UK, but in the US (our courts are based on the Brit courts) it comes down to one of two things.
1. Was it fraud? Did she intentionally submit time or reimbursement for the overpayment? This the court would allow. Not to mention it is criminal.
2. They just paid her extra. If so they would out of luck.
Check with your labour board for rulings. As you don't mention any attempt at criminal prosecution for embezzlement, I assume it was their error.
Also consult a solicitor that handles labour disputes in your area.

Answer 5

Pay them back and then break £1000 worth of windows at their head office I'd say.

Answer 6

WELL THEY HAVE TO GIVE YOU A P45 BY LAW AND IF THEY HAVE OVERPAID HER AND SHE AGREES THEN SHE MUST PAY IT BACK IF IT GOES TO COURT THEY WILL PROB SET A JUDGEMENT AGAINST HER BEST IS TO GET A LOAN AND PAY IT BACK OR BEG THEM TO TAKE PAYMENTS ALTHOUGH THIS MAY INCUR INTEREST TELL HER TO SEND LETTERS REGISTERED POST!!!

Answer 7

it relatively is no longer his fault. yet by skill of regulation specific your chum has to pay the corporate lower back. Have your chum ask the corporate to deduct a definite quantity from his verify in line with month until it relatively is paid off. it relatively is corporation wages, so i'm specific there's a fashion they are in a position to organize that reimbursement. It occurs all of the time regrettably. the reason it is your chum's accountability to pay the corporate lower back, is, because of the fact we as workers are to blame for understanding how plenty we are to gets a commission by skill of the hours we artwork by skill of our gross sales earnings. If it isn't the main remarkable quantity and if it relatively is overpaying, then we must be uncomplicated and ask the corporate why this plenty? replaced into it an advantage pay? If no longer an advantage, then do no longer funds the verify and ask for a sparkling one. or do in basic terms no longer spend the quantity of over fee so which you do no longer ought to undertaking approximately it messing you up later. i've got by no skill had this ensue to me so a methods, yet each company who occurs to run in the time of this blunders consistently tells the worker ought to pay lower back the over pay. Or the different determination is that if he nonetheless has that money, ask them to no longer provide him some pay exams until each pay era equates the $$$ quantity over paid. That way, he's not hurting for earnings. there are various ideas to this. He desires to communicate with them in this. by skill of him no longer doing something approximately it by skill of a minimum of chatting with HR or the pay roll branch, could have his acceptance in probability and his activity in probability besides. desire I helped.

Answer 8

go to court if youve offered to repay it the court will up hold this
id also charge them costs and an admin fee to return said moneies
regards tigger

Answer 9

Your friend needs to see someone at the Citizens Advice Bureau as soon as possible. Their advice is free.

http://www.citizensadvice.org.uk/index.htm

Answer 10

go to court and contest the summons on the grounds that it was their fault and they haven't given you an opportunity to arrange a payment agreement