Overpayment of salary passed to debt collector?

[Wile.e]

Hi all, I wondered if it was possible to have a little advice please?
I was overpaid salary some time ago and arranged a repayment schedule (minimal amount) which we have paid monthly over the past few years. I last contacted the local authority in question in 2008 to inform them of a change of address and wish to increase the payments but heard nothing and continued to pay the monthly agreed amount. I have recently had a letter from a debt company (not the la!!) advising that the want all of the amount plus interest, and am a little confused...
Any ideas/ advice would be really appreciated! I have left a message with the debt firm with my contact details and explaining I had an agreement in place but I'm not sure what else to do ( apart from a small cry!!!)

[Eloise01]

Re: Overpayment of salary passed to debt collector?

I think this would be better addressed to the debt board, as it is no longer an employment matter or anything to do with employment. The debt may have arisen from a former employment, but in legal terms, once the debt is acknowledged then it becomes a matter of civil debt - nothing to do with employment. Others are better placed than I am to advise you on what the debt company can and can't do once a debt is sold on to them.

[gravytrain]

Re: Overpayment of salary passed to debt collector?

Yes I agree, but i would want to see some form of authorization from the LA stating that the debt has been assigned to a third party before I paid them any money.

[The Debt Star]

Re: Overpayment of salary passed to debt collector?

Yes I agree, but i would want to see some form of authorization from the LA stating that the debt has been assigned to a third party before I paid them any money.

Fair point surely.

[Wile.e]

Re: Overpayment of salary passed to debt collector?

Defo, As a result of advice on debt thread I have contacted the chief exec of the LA. fingers crossed!

[enquirer]

Re: Overpayment of salary passed to debt collector?

You agreed a repayment schedule with your employer.
You have kept to it.

The question they now need to answer is how this has come to be passed to a DCA.

[Wile.e]

Re: Overpayment of salary passed to debt collector?

Not a great start. I got through and was told no one would be in until 9, and she couldn't take a message, then she hung up.


Enquirer- I suspect they may have sent correspondence to my old address- it's the only thing that would make some sense. I have kept a copy of me informing them of the change...

[Eloise01]

Re: Overpayment of salary passed to debt collector?

I am sorry but I have to say that if you (a) expect to get put through to the Chief Executive of the local authority before 9am, or, in fact (b) put through to the Chief Executive of the local authority at all, then I wouldn't recommend holding your breath. And telephone calls can't be evidenced either. An e-mail or recorded delivery letter is far more effective and is evidence that you have done it.

But whilst this isn't my area of expertise, I can suggest that other scenarios, including that fact that they took your offer to increase payments for granted that that was what you were going to do and you have therefore been listed as being in default.

[Wile.e]

Re: Overpayment of salary passed to debt collector?

Hi, it was the accounts depts I was trying to get through to. It's states on web they open at 8.

[Eloise01]

Re: Overpayment of salary passed to debt collector?

For the cannon fodder maybe! But even if more senior people are in, they often don't take calls until 9 am. Having spent many delightful decades needing to contact people in local authorities, it's pretty rare to be able to conduct any business with anyone before 9am.

[Wile.e]

Re: Overpayment of salary passed to debt collector?

Hi all, thank goodness it is all now sorted! DCA contacted teh LA after they sent the letter in error - they had only been actioned to locate my address as the LA had lost it! All is well - thanks so much for your calming words - and especially to Leclerc - I think the email really help get things sorted ASAP! Perhaps some sleep tonight!!

[CleverClogs]

Re: Overpayment of salary passed to debt collector?

Given the upset caused by the DCA, the LA should now cancel any remaining debt.

[Eloise01]

Re: Overpayment of salary passed to debt collector?

Given the upset caused by the DCA, the LA should now cancel any remaining debt.

Hah - debt might not be my area of law, but good luck getting that! A couple of years ago I had a delightful discussion with my local authority (mostly via the local newspaper) about the "man in the wardrobe" - as in they sent me (and hundreds of others, if not thousands) threatening letters about the fact that I was fraudulently claiming single persons discount and they had proof that this was the case, so I had the choice to pay up or go to court. I diligently searched my house from top to bottom for this other person living there, then politely rang them to say that I couldn't find this person, so I would like to see the proof. Which they the said they didn't actually have, but Experian did I and I could pay £10 for it. I asked to speak to the Director of finance to be told that he didn't have a phone (yes, seriously!). So I went to the local paper. It looked excellent on the front page. Tragically widowed professional person hounded by bully boy Council; hundreds of little old ladies (and gentlemen) threatened without proof. What had happened - the Council had provided Experian with the wrong information and search parameters, and actually had a list of people proveably entitled to the single persons discount! Did they let us off council tax for this? Not even an personal apology. We all got a Dear Sir or Madam, ooops ... letter!

[Wile.e]

Re: Overpayment of salary passed to debt collector?

!!!! My word - that's awful!!!

Yeah I aint even thinking about that - just finish my business with them and that will be that.

[Eloise01]

Re: Overpayment of salary passed to debt collector?

!!!! My word - that's awful!!!

Yeah I aint even thinking about that - just finish my business with them and that will be that.

Oh, don't worry about it. I was very concerned about what this might do to vulnerable people, but from my own personal point of view, it was entertainment! I was sooooo disappointed they didn't take me to court!