Ex-employer seeking overpayment of salary

[Poseidon]

My ex-employers solicitors have just sent me a letter regarding an overpayment of salary.

I left the company 21mths ago. There has been no correspondence from the employer regards this matter in that time.

They are alleging they overpaid me and provided me with a figure they would like me to re-pay. On seeking clarification what that sum was comprised of the solicitor acknowledged it was their clients fault and not mine. They did not provide any breakdown and just stated it was an overpayment made in my final month of working there and gave some dates.

I was not aware there was any overpayment as my final salary payslip already had deductions and adjustments made to it by way of holiday pay and other adjustments etc.

I have spoken to Citizens advice who cannot make sense of the amount that is being claimed nor do they understand the final payslip as the claim does not appear to reconcile to anything meaningful in relation to my then salary. On reading it appears the employer is trying to reclaim a weeks salary but the figures do not relate.

The solicitor has asked me proposals for repayment along with the threat of taking it to court via CCJ. However, they have stated they wish to avoid court action.

I'm not sure how to treat this as this is the first time I have come across such a claim in my working life. CAB struggled to see the sense of what is being claimed. I was wondering has anyone had experience of a similar predicament and how to best handle this?

I don't believe I owe the company anything and they haven't provided me with anything tangible or sensible to confirm what is owing or how they have calculated it.

[ULA]

Just to cover off the legal side of this, if there has been an overpayment made to you, even if it was the mistake of your employer, they are entitled to recover the money even after you have left their employment, with a time limit of 6 years.

That given they have to provide you the evidence that confirms an overpayment has been made and even if they take it to court they would have to prove their case with this evidence.

So I think a strongly worded letter back to the solicitor along the lines of the fact you have taken advice and having reviewed the figures provided it is unclear as to what overpayment has been made by their client. Request that an accurate, detailed explanation with supporting documentation as to the overpayment is provided as you are currently refuting that this is the case. Point out that if their client did want to pursue the matter to Court they would have to prove their claim in any event which to date they have not done. Request that this information is provided in 7 days.

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