Salary overpayment & repayment

[Ditzy 10]

Hi,

 

I'm hoping someone can help me with this.

 

I have received a letter from a previous employer, at my mum's address, where I haven't lived for 8 years, claiming that they have overpaid me over 3 years ago, of 1 month's salary.

 

Should this be verified and I have to pay it back, I'm not concerned as I can put together a repayment plan with them. However, can someone tell me if they're entitled to do this so long after I left their employment? In addition, it's not even been sent to my correct address.

 

Thanks:)

[outerlimits 10]

my missus was in the same boat once, speak to acas for some free advice-

 

http://www.acas.org.uk/index.aspx?articleid=1410

 

best of luck

chris

[Berberis 10]

I would say that if you had ended your contract there is nothing they can really do. They should have checked everything while you were in their employment.

 

3 years is a bit late to be asking for the money back and depending on the amount, it would probably cost them more to reclaim it through the small claims courts.

 

If you are not relying on them for a future reference, I would tell them, hard luck.

[Tradescanthia 10]

Just ignore them, they will probably give it up as a bad job. 3 years is a long time ago. Do you remember recieving it ? Can they prove it ?

[cgksheff 44]

They can claim it back and could also win in court.

 

Was the letter recorded delivery?

 

Did you have a written contract?

 

Was the employer private or a local or national government body?

 

A government employer is more likely to follow it through all the way.

[HotPhil 10]

I had something similar. Just a threatening letter from their "agents" saying I needed to pay back a sum. Not heard anything since I wrote back to them explaining that a) they'd left it a bit late b) their mistake = their problem c) they had the dates I'd worked for them wrong on the letter so why should I just send them a cheque?

I'd write a short, concise letter back asking them to break down exactly the dates and amounts they made their error in order for you to give their request for payment consideration.

[Cynic 10]

Ask them to detail every payment they made to you during your employment, the reason there was an overpayment and when it occurred. Tell them when they have provided you with this you will have your accountant check out the details. If they are correct you will reimburse them if they are wrong you will bill them for your accountants time.

[Tooeg 10]

Ask them to detail every payment they made to you during your employment, the reason there was an overpayment and when it occurred. Tell them when they have provided you with this you will have your accountant check out the details. If they are correct you will reimburse them if they are wrong you will bill them for your accountants time.

 

I'd say pretty much the same but as it's their error anyway I would bill them for the accountants time irrespective of whether they are correct or not.

So write to them asking for their agreement to pay the accountants bill before you will consider looking at their evidence.

Or just stick the letter back in the post, not known at this address.

[Berberis 10]

They can claim it back and could also win in court.

 

Considering every company has to have its accounts signed off each year, waiting three years before pursuing this money is a bit late and I suspect a magistrate would see it the same way.

 

Call their bluff. if they send you a count summons, pay up if you don’t wish to fight them.

[shane39 10]

I had the same problem.I told them to take it out of all the money i had made for them over 13 years.Never heard from them again.