wage overpayment

[Jessbess]

Hello, I am looking for some assistance regarding an invoice I have recently recived for return �423.27 of salary paid to me in July last year.

The accidental overpayment was in no way any fault of mine and did not, for example, result from any misinformation or laxity on my part. It has been mentioned that the Trust believe I handed in my notice short of the notice period required, but it has now been confirmed this is not the case, and I never recieved a final pay slip.

At the time I received my final payment it did not seem to me to be an overpayment because I assumed that backpay resulting from Agenda for Change, which had just been completed, had been added together with any cash due in lieu of my annual leave entitlement.

As all this happened a year ago any overpayment has been absorbed into my accounts and spent long ago. I am looking for advice if anyone has had a similar situation, and how it has been resolved? They want me to beging monthly payments soon, but I don't feel I should have to.

Thanks

Jess

[Mr.Tamzarian]

I'm no expert, but I'm fairly sure you have to pay it back, unfortunately. I think the law has changed on this in recent years. Previously, if the company made an accidental over-payment, they could ask you for it back, but you were not obliged to give it.

I don't think the 1 year gap makes any difference, as I'm sure that the claim period for these things is a lot longer than that.

I hope yopu can resolve it. Sorry.

[factor-fiction]

My answer can be seen on the Business section where you have posted the same question

[Postdog]

Been in a similar boat. Yes, you DO have to repay. You don't have to in one lump, but as I think I read in your post, they are asking for monthly payments anyway.

[thugulike]

If you can show that you didn't know you had been overpaid and that you didn't spend the money on anything frivolous but everyday expenses then you should claim Equitable Estoppel. That should suffice for them to back down. If you were or are a member of a union they may help.
You MAY not have to pay. I had many successful cases like this.

Write to them and say that you didn't know you had been overpaid and why. Mention the doctrine of Equitable Estoppel and wait and see.

[sandmaster]

I agree with thugulike. The key facts being that you were expecting a larger than usual amount as it was your final salary and the amount received was not unusually large in the circumstances. If it had been a large amount you would be expected tp realise it was a mistake but in these circumstances it was not. Also of course you have now spent the money. The moral obligation however is something else....

[ccfluff]

Hi, similar thing happened with my husband a few years ago. Although he left his employer on bad terms, anyway, as it took so long for them to find out they had overpaid him, he wrote them a letter asking for a copy of all his time sheets and wage slips, plus confirmation of all rates of pay that were in force whilst he worked there. He told them he would use these to take to an independant accountant who could verify their claim. Surprise, surprise, he received a letter back telling him that although he owed the money, they would not pursue him for it. Id try this first, see what happen, afterall you have nothing to loose