Do i have to pay it back?

[beck07]

I was working at marks and spencers and after being there for around 3 months i got sacked.
They didnt take me off the payrol and continued paying me. I wasnt sure where the money was coming from at first as my bank statments were being sent to my mums address and i wasnt living there so i didnt get them for a while. I kept on taking the money out of my bank and it ended up being around �4000 they paid me.
They are now asking for the money back but as this was their mistake do i have to pay it back?
From some people's point of view, i shouldnt take money that isn't mine and i should of told them to stop paying me, but from other peoples point of view- anyone who was getting free money would keep their mouth shut and enjoy it!!

[Panic Button]

Why were you sacked?

[dot.hawkes]

You have not fully explained why they sacked you after 3 months, were you on a trial for 3 months ? If you were on trial for 3 months then they should have sacked you within that period not when it was up. Did they give you notice? they cannot have instantly dismissed you, maybe some of the money was remuneration for loss of notice, you should look at this aspect as a partial defence for not realising thier error, as most companies pay a month in arrears, and so you were probably due some payment anyway, especially if overtime is paid a month in arrears, in which case there is every reason to think that for at least 6-8 weels payments would have been forthcoming. I would consider that ans ask for your wage slips to see if they did pay you money you were entitled to but overpaid you by a month or so.

[stewey]

Just consider the money to be holiday pay or part of a severance package.

[beck07]

get a life u sad sad git

[dot.hawkes]

errrrrrrrrr, well cheers!!!!!
stewey is right, you also would have earned holiday entitlement which they would have owed you.

I was only trying to help : (

[beck07]

^ that last comment was ment for tichfield

I was working as a xmas temp and my nan wasnt well so i took some time off to see her and they didnt like it so gave me 7 days notice when i came back to work!
I dont think i was owed the money as it was �4000 and i was only earning around �900 a month so it doesnt add up..

[kempie]

Good to see beck07 keeping up the tradition of criminal behaviour, such as these posted within the last 5 months:

Public Order offences

http://www.theanswerbank.co.uk/Law/Criminal/Qu estion454283.html

Defaulting on finance payments

http://www.theanswerbank.co.uk/Business-and-Fi nance/Question455071.html

Handling stolen goods

http://www.theanswerbank.co.uk/Law/Criminal/Qu estion484708.html

BTW how did the Police Bail situation turn out last month?

[beck07]

dot.hawkes- that comment wasnt for you!!! Thanks for your answers everyone they are all very helpfull.. :)

[Tichfield]

Oh!

Some people do have complicated lives.

[Panic Button]

They did mess up didn't they! �4000 to a Christmas temp.

They should be more careful.

[beck07]

kempie- lmfao!
how bored must you be to get every add i have posted up lol!!
please get a life before its 2 late u idiot!!!

[Buenchico]

Section 1 of the Theft Act 1968 states:
"A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it".

Section 4 of the Act states:
"�Property� includes money"

Section 3 states:
"Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as owner"

Section 5 states:
"Where a person gets property by another�s mistake, and is under an obligation to make restoration (in whole or in part) of the property or its proceeds or of the value thereof, then to the extent of that obligation the property or proceeds shall be regarded (as against him) as belonging to the person entitled to restoration, and an intention not to make restoration shall be regarded accordingly as an intention to deprive that person of the property or proceeds"

http://www.statutelaw.gov.uk/legResults.aspx?L egType=All%20Primary&PageNumber=2&BrowseLetter =T&NavFrom=1&activeTextDocId=1204238

Putting that lot together means that, because you failed to refund the money as soon as you realised it was being paid into your account in error, you have already committed theft. The maximum penalty for the offence is 7 years imprisonment. If I was you, I'd start paying it back as soon as possible!

Chris

[Panic Button]

Thanks Kempie.

This is better than watching Eastenders!

[dot.hawkes]

4000 for 3 months work with holiday entitlement plus overtime is about right for retail anyway, if she was full time, bearing in mind she was under 18 and probably not paying tax

[Tichfield]

Receiving stolen goods and receiving payments not due to you.

Makes one wonder doesn't it?

[beck07]

Hi chris, this happend a few years ago and i am already paying them back but lately have been told i might not have to so thought i see what everyone else thought!
Thanks for the info..

[kempie]

Twas but the work of a few seconds for a site search to return 32 results my dear.

[beck07]

tichfield- maybe you should read the post properly before speaking! is there not anyone else you can talk to, you lonely freak!

[Tichfield]

Kepp going beck07. Don't stop now.

[beck07]

kempie- ur a sad sad old man u should also go play with the traffic!