Work overpayment

[Cele]

Hi All, I've also put this in a debt collection thread but so far haven't heard anything So thought I would try here.


About four years ago I had a breakdown and went off sick from work. I'm still Ill and can't work. I'm also not entitled to benefits as I missed some NI contributions.

Whilst off sick for over a year, nearly two, I sent my fit notes to my manager and HR in physical and photo form as they requested. Eventually I realised I could never work so I resigned. My manager suggested I wait until the following month then I would get more holiday pay. I did as she said and sent the resignation.

Any and all monies I received from work, I thought I was entitled to as I was doing as they told me.

A year later I got a letter from them saying I owed money for an over payment because my manager and HR had failed to forward my sick notes and resignation on to payroll. They also sent a print out that they say proved I was over paid. They wanted to charge interest and set up a payment plan if I couldn't pay back in full.

I contacted them and told them I did not agree I owed anything as I had done everything asked of me and if I did owe, as I have no income, I can't pay back anyway. They wanted me to give them details of all my expenditure and how much money I get and they wanted me to sign something on the payment plan that said 'I admit I owe X amount' I refused this and told them I have no income.

Emails went back and forth about this and the last one from them said they will get in touch with my manager and the person from HR who I said was at fault for not sending on the information.

I heard nothing then emails and letters came from CCIS asking for me to get in touch. They are saying they MAY do this and that. I've ignored them.

What shall I do?

[des8]

CCSCollect (I think that is to whom you refer) are not debt buyers, just debt collectors and as such have as much authority as the man in the moon.

Over payments generally have to be repaid, even if it is the employer's fault.
However if you believed the money was due to you, and you then spent it you do have a defence of "change of position".

[Cele]

Hi Des
thanks for reply
It's CCI credit management. Are they who you were thinking of.

Will they go away if I ignore them?

[des8]

Different outfit but same ilk.
They do not own the alleged debt and are trying to recover the alleged overpayment on behalf of your ex employer.
So other than send threatening letters, sometimes perhaps written in big scary red letters, there isn't much they can do.
They will probably eventually give up, but not if you engage with them
.
On the other hand you could write and tell them you dispute the debt and they should cease all collection activity

The file would need to be returned to your ex if they intend to take court action (for which you have a defence)

[Cele]

Thank you.

I have no money to pay them back as I have no income the only money I have coming is compensation for my breakdown and this is supposed to be for treatment for my condition.
I read somewhere that they can't touch that. Is this true.

I plan to ignore them and let it go to court, if it does, and ask for it to be quashed as I have no way of paying.

[des8]

If it does reach court you won't get it "squashed" because you don't have any money.
You will need to defend it on the basis you had an honest belief the money was yours and you spent it.
If you win that will be the end of it, but if you lose the court should order a repayment scheme you can afford.

However it may never get that far.
Depending on how much is owed and possible unrecoverable costs your ex employers might eventually just write it off