Overpayment of wages - no contract of employment

[Elliek76]

Hi,
My daughter worked for a month for an employer and left as they didn't give her the working pattern she had agreed with them. She recently received an invoice from them to say they overpaid her on leaving and that if she doesn't pay they will refer her to a debt management company. She had no idea she was overpaid. She was never issued with a contract of employment. Can they still claim back the money and if so can she arrange a financial plan because she is only 18 and completing a low paid apprenticeship at present?

[ostell]

Debt management company cannot do anything, unless they buy the debt.

Have they defined how they overpaid?

[Elliek76]

No they haven't.* I phoned them today and as I'm not her they wouldn't say much other than its salary overpayment and why wouldn't she have to pay it back (rudely).* I think what happened is her resignation got delayed being sent to finance and they overpaid her a few days before they stopped her salary but as she hadn't had a full wage slip previously she didn't know.* That's all I can think it can be.
They are invoicing her like it is a service she hasn't paid for, even the wording on the invoice is as such.

[ostell]

So are they going to amend the tac and NI?

[ULA]

Firstly I would get your daughter to write/email and ask for a complete breakdown of how they have worked out her overpayment.

She was not issued with a contract so she has not idea what contractual arrangements are in place for the company to deal with the issue of overpayments etc on leaving their employment, is that correct?

[Elliek76]

Yes that's correct - she had no contract of employment.* I will get her to email them and ask.* I didn't even consider the Tax/NI part.*