Salary Overpayment.

JennyPiccolo · 6th June 2008, 12:53pm

just got a letter from a well-known bank i used to work for who continued depositing a salary into my account for several months after i left. Or rather, my parents received the letter. How they got that address, i have no idea. I never lived there during the time i worked for them, or gave them it for any reason. The letter was a bunch of crap saying i owed them just over a grand (they overpayed me about 4 times that much, as far as i could figure out), and that i had to pay it back, without a breakdown of the amounts/dates/anything.

What's the general consensus? I'm going to sling it a hefty dinghy i think.

Nuff · 6th June 2008, 12:58pm

Sounds a bit dodgy, they could hit you up with legal action if you do that surely?

*LesMTS* · 6th June 2008, 1:02pm

Quote:

Originally Posted by Nuff

Sounds a bit dodgy, they could hit you up with legal action if you do that surely?

I was overpaid by £300 a few years back and recieved a similar letter, which I dutifuly ignored. Never heard anything more about it.
I'm not sure what the legal issues are, but I reckon the vast majority of companies would just make a wee stab at getting it back then write it off. They probably prefer to avoid the hassle of taking legal action over mistakes like this.

Woolies · 6th June 2008, 1:21pm

Company X overpaid me last Summer and when they contacted me to repay the amount they requested repaid was wrong so we discussed on the phone with them requiring me to send them bank statement to show the deposits. Speed suggested emailing a pdf so I got the guys address and sent it off.

The email bounced (didn't accept non intranet email or somesuch), they never called back to enable me to take it further. If they want the money now then ermm, last I saw of it it was being handed to barstaff somewhere...

L@ur@ · 6th June 2008, 1:29pm

technically they cannot go into your account to take the money back. thats illegal.

but they might take you to court over it, just depends on whether they go that far or not as courts are heafty expensive.

.. and it could take years to get to court

Largest of Gregs · 6th June 2008, 1:30pm

they can't just take it, but they can call in debt collectors to take it.

If you leave it a few months they will probably offer you a deal to pay a percentage of it but you risk a huge mark on your credit rating

Baron Samedi · 6th June 2008, 1:33pm

I think I remember being told that it costs around a grand for companies to pursue such claims through the courts so they generally don't bother for smaller amounts (beyond chancing a letter or two). If it had been the full amount they were chasing they'd probably go for it but you'll probably get away with ignoring the letters.

L@ur@ · 6th June 2008, 1:35pm

"what letter? i dont talk to my parents anymore.. i think they moved house"

...?

*LesMTS* · 6th June 2008, 1:41pm

According to here, it's quite possible to successfully argue in a court that you shouldn't have to pay it back "if your employer gave the impression that the wages were correct at the time they were paid, you did not know that you had been overpaid and you have spent the money (and to pay it back would put you in a worse financial position than if the overpayment had not been made)".
I think that it's a reasonably safe gamble that a company wouldn't bother their arse taking legal action for a grand when there's a decent chance they'd lose.

Baron Samedi · 6th June 2008, 1:49pm

Quote:

Originally Posted by LesMTS

According to here, it's quite possible to successfully argue in a court that you shouldn't have to pay it back "if your employer gave the impression that the wages were correct at the time they were paid, you did not know that you had been overpaid and you have spent the money (and to pay it back would put you in a worse financial position than if the overpayment had not been made)".

Hmm. A friend in work recently got paid double commission in error and despite highlighting it at the time to his manager, then speaking to payroll & HR and being assured it was correct has now been told it's an error and he needs to pay it back. He's spent it as he felt he'd done everything in his power to resolve it & had got assurances from all concerned. Could be handy info for him as he's struggling to pay it back just now.

*Although I suppose the fact that he was aware the amount was incorrect, despite being told otherwise may work against him.

*LesMTS* · 6th June 2008, 1:57pm

Quote:

Originally Posted by Baron Samedi

Hmm. A friend in work recently got paid double commission in error and despite highlighting it at the time to his manager, then speaking to payroll & HR and being assured it was correct has now been told it's an error and he needs to pay it back. He's spent it as he felt he'd done everything in his power to resolve it & had got assurances from all concerned. Could be handy info for him as he's struggling to pay it back just now.

*Although I suppose the fact that he was aware the amount was incorrect, despite being told otherwise may work against him.

If he's still working for the company I'd guess it makes things a little more difficult for him.

Baron Samedi · 6th June 2008, 1:59pm

Quote:

Originally Posted by LesMTS

If he's still working for the company I'd guess it makes things a little more difficult for him.

Oh aye, there's no question of him not paying it back but he might be able gain some leverage in terms of time to pay, etc.

JennyPiccolo · 6th June 2008, 3:19pm

doesn't commission/bonus work on a different level to salary? i might be wrong about that, but he could probably just pay it out of whatever commission he gets in future.

I find it ludicrous how bad big companies are with money. The letter i got appeared to be from an Overpayment department, which shows how good they are with money.

¡Punk! · 6th June 2008, 3:30pm

My aunt was getting extra cash from the buroo, knew she was getting extra cash, and went in to show them their mistake. The guy told her to keep her mouth shut. They never chase these things up but, eventually, they'd send her a letter. Ignore the first letter. If she was unlucky to get a second letter they'd take £5 p/w from her next few giros to make it up. She never even got the first letter but they did start sending her normal money. So I'd imagine there are good reasons they never both chasing shit up unless you're talking uber-money.

Baron Samedi · 6th June 2008, 3:42pm

Quote:

Originally Posted by JennyPiccolo

doesn't commission/bonus work on a different level to salary? i might be wrong about that, but he could probably just pay it out of whatever commission he gets in future.

I find it ludicrous how bad big companies are with money. The letter i got appeared to be from an Overpayment department, which shows how good they are with money.

As far as I can tell they're just treating at as an overpayment, regardless of the cause but apparently he's managed to negotiate a repayment plan that's acceptable to both parties so all is well.