Overpaid but spent the money?

Soldato
Joined
7 Jun 2005
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SE London
The fact they made a mistake and overpaid him tells me something about their organization. I think to ask for it back after a year is a bit long.

Either pay or don't pay, up to you and how willing you are to take some risk.

You could:

A. get a sollicitor

B. Write a letter back saying that it was a bonus payment as agreed with your line manager and that they are in no position to ask for it back. Chances they can't be bothered or aren't capable of getting to the bottom of it and just drop it due to lack of resources/information..

C. Confuse them even more by getting a letter posted to them from friends/family overseas, saying you have emigrated and are unemployed at the moment and can't pay back or something. (Make sure you don't have a gasbill with them and are not on the electors roll though..)

D. Just ignore the letter and see what happens.

What are they exactly saying in their letter? Can you scan it and show us perhaps?


p.s. don't hold me responsible for anything pls. I'm just giving you some options, i have practised 1 or 2 in the past and they worked for me...
 
Soldato
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Chatteris
KaHn said:
I thought if you made resonable (documented) defence at why you can only pay that ammount they can not take you to court.

/waits for legal bums to come in :)

KaHn

But he's a working person and can easily afford more than £1 a week I'm sure.
You can make a reasonable offer and as long as it is reasonable then a lot of places will accept it.
This tends however to only be in cases where people cannot afford to actually pay what they owe.

Personally I'd want rid of this debt as soon as possible mainly because of the legal aspect.
 
Soldato
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Newcastle upon Tyne
number41 said:
It was British Gas
I worked for BG many years ago (not in sales) and they overpaid me and five others by about £800 over six months (not £800 a month!). Must have got lucky because when they realised they just shrugged and let us keep it. Probably would have continued (I never realised) indefinitely until someone I worked with took a look at my payslip and flipped their nut.

Sorry, didn't mean to rub it in :p


Moral of the story: Never show your payslip to anyone, even a mate ;)
 
Soldato
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Chatteris
Stretch said:
That's a bit harsh. He never took anything from his employer, they made the mistake and gave it to him.

He will have to pay it back though, but at his leisure. It was their mistake and I can't see how they're in a position to complain about him paying it back very slowly.

It is theft in the same way that if a bank puts money in your account that isn't yours you can be done for theft.
People have been in the past and will be in the future.
If this is fair or not is another discussion - it is however the law.

This company have written to him and requested he pay the money back.
He has two options pay or not pay.
If he pays then everything gets sorted out, everything remains out of court and I expect everyone (except your mate) will be happy.

If he decides to go the not pay route he risks the police getting involved, solicitors, court appearances, court costs (because he will be found guilty) etc.
I know which I would choose.
 
Man of Honour
Joined
11 Apr 2003
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9,372
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London
I understand the legal standpoint is in favour of the employer. What I don't understand is why people are equating this to theft.

When someone gives something to someone, regardless of the circumstances unless they were coerced of course, it is classed as a gift and the giver has no further claim on the item. What's the difference here?

As for handling repayment economically, I thought the idea of claiming to have to understood it to be a bonus sounds good. Worst any right-minded magistrate who believed the claim would do is enforce a gradual repayment schedule. May even tell BG tough luck.
 
Soldato
Joined
18 Oct 2002
Posts
5,312
I worked for an energy supplier for two months but resigned, mainly because at the time I was diagnosed with depression.

Anyway, they paid me an extra month's wages. I rang their HR department, twice. So they do know about it. Once in October 2005 just after they paid me, again in December 2005. I heard nothing, but kept the money (about £800) in my instant savings account until July 2006.

I've now spent it on my car insurance. If they contacted me, there is no way I could pay £800 in one go, but I don't think they will be in touch.

As far as I am concerned I did everything by the book.
 
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