Overpaid wages passed to solicitors

[nymeria]

Hi there,

I was wondering if anyone would be able to advise about this situation:

I have recently received an email (!) from a solicitors firm, asking me to contact them urgently. When I did so I was sent copies of letters that claim that my previous employer has overpaid my wages and they're looking to get this back. The letters are dated from April 2015, but I never received them as they have been sent to my previous address. It looks like a court case is/might be started against me about this matter that I had no idea about!

Obviously, the last thing I want is a court judgement against me, but at the same time it will be difficult to get this money together to pay this off at such a short notice. Is there anything I can/should do considering that

1, my previous employer have taken no steps whatsoever to contact me before passing this on, despite having my correct address, email and at the time phone number and thus giving me no reasonable opportunity to relay this money

2, the letters do not include my calculation of how they came up with the amount they claim I owe them

3, they have passed this onto a solicitors firm and gave them the wrong address (I have received several letters from them at my new correct address so it's obvious they have it)

Is there any way I can find out if this has actually been taken to court?

I would appreciate any help or advice.

[stevemLS]

Re: Overpaid wages passed to solicitors

Hi

The letters should be clear about whether it has been to court or not and you are entitled to an explanation of how the overpayment has arisen.

Dependent on the reasons for it there is a slim chance you may not have to repay it.

How much is the overpayment, how much was your salary and do you know over what period it is said to have been made.

To find out whether it has been to court, I think you should ask the solicitors directly. You can always check your credit reference files but they would only record a CCJ rather than whether proceedings had been issued.

There is a change of address issue, when did you move, were you still employed by your former employer on that date and when did you notify your former employer that you were/had moved.

If you can remove identifying details and post copies of the letters that would help.

Sorry for all the questions but if you can answer them, we can help you draft a response to the solicitors.

[des8]

Re: Overpaid wages passed to solicitors

In addition to what Steve says, bear in mind that if you were not aware of an overpayment, and had no reason to suspect there was one and so thought the money was legally yours,
you could well have an argument against refunding it.
This is "change of condition" which crudely means you have used the cash and it has now gone.
So don't be too quick to enter into an agreement to repay just to get them off your back!

[FlamingParrot]

Re: Overpaid wages passed to solicitors

I have recently received an email (!) from a solicitors firm, asking me to contact them urgently. When I did so I was sent copies of letters that claim that my previous employer has overpaid my wages and they're looking to get this back. The letters are dated from April 2015, but I never received them as they have been sent to my previous address. It looks like a court case is/might be started against me about this matter that I had no idea about!

Is there any way I can find out if this has actually been taken to court?

If a claim had been issued in April or May which you never received, therefore never acknowledged or defended, they would have been able to request default judgment shortly after issuing the claim as you are only allowed 14 days to acknoweledge service of a claim. If there was a CCJ against you it would be on record here: http://www.trustonline.org.uk/search-yourself

[Berniethebolt]

Re: Overpaid wages passed to solicitors

To me it sounds like some sort of letter before action. I think seeing a redacted copy of the letter and knowing who the solicitors are and how much is involved may make a difference to the approach

[FlamingParrot]

Re: Overpaid wages passed to solicitors

To me it sounds like some sort of letter before action. I think seeing a redacted copy of the letter and knowing who the solicitors are and how much is involved may make a difference to the approach

If it was me I'd like to check if there's actually a CCJ against me to start with, if there isn't then you can take your time to find out all the above. :ranger: If there is, set aside should be applied for promptly. :clock:

[Berniethebolt]

Re: Overpaid wages passed to solicitors

Agreed:beagle2222:

[ODC]

Re: Overpaid wages passed to solicitors

In the back of my mind there is case law somewhere which states that if the amount of overpayment was such that you could reasonably expected not to have realised then you do not have to pay it back. However if the overpayment was so large or unusual that you should have noticed then you will be expected to pay it back but as fr as I can recall you can decide on the amount and frequency of the repayments. Admit nothing and make no offers at this stage

[FlamingParrot]

Re: Overpaid wages passed to solicitors

In the back of my mind there is case law somewhere which states that if the amount of overpayment was such that you could reasonably expected not to have realised then you do not have to pay it back. However if the overpayment was so large or unusual that you should have noticed then you will be expected to pay it back but as fr as I can recall you can decide on the amount and frequency of the repayments. Admit nothing and make no offers at this stage

http://swarb.co.uk/avon-county-counc...lett-ca-1983/?

[nymeria]

Re: Overpaid wages passed to solicitors

Hi

The letters should be clear about whether it has been to court or not and you are entitled to an explanation of how the overpayment has arisen.

Dependent on the reasons for it there is a slim chance you may not have to repay it.

How much is the overpayment, how much was your salary and do you know over what period it is said to have been made.

To find out whether it has been to court, I think you should ask the solicitors directly. You can always check your credit reference files but they would only record a CCJ rather than whether proceedings had been issued.

There is a change of address issue, when did you move, were you still employed by your former employer on that date and when did you notify your former employer that you were/had moved.

If you can remove identifying details and post copies of the letters that would help.

Sorry for all the questions but if you can answer them, we can help you draft a response to the solicitors.

Hi there,

thanks for your reply. I have no intention of keeping the money if it's not mine, but I am upset about the fact that I am hearing about the matter 10 months later when it has escalated to the stage there might be a court case against me!

I have asked the payroll department to explain the amount they claim I owe, and I am currently waiting on their response. I'm not sure if I should discuss this further with the solicitors before then or if this is a bad idea. I would ideally want them to stop any proceedings while I am awaiting a response from the payroll department.

It looks like about 2 weeks worth of my salary payments, which seems way too much to account for holidays etc.

I moved in June. I am not sure when I changed my address with them but they definitely had it as of August/September, as I have correspondence from the company (sent to the correct address) dating from these months.

I hope this helps.

Thanks again for all your help guys.

The letter is as follows:
Dear Madam

Client Name: XXX plc Client Agreement Number: XXX Balance Outstanding: £588.86

We have been instructed by XXX plc to recover from you the sum of £588.86.

A recent payment of £588.86 has been sent to your account in error. This payment was sent from XXX's Payroll Department and our client has confirmed to us that it was an overpayment to which you were not entitled. It is settled law that a payment made by mistake must be repaid.

Please contact us on 03700 863073 within 14 days of this letter to arrange repayment of this sum. It is our client’s expectation that you will pay the sum in one payment to us which we will accept on behalf of our client. If you are not in a position to pay in one payment, it may be that our client is agreeable to accept the payment by instalments but this is something we will need to discuss further with you.

If you are unable to call us during normal office hours then please leave a message on the above number confirming when it is convenient for us to call you and on what number.

If we do not hear from you within 14 days from the date of this letter, and agree arrangements for the repayment of the outstanding sum, our client’s instructions are to consider issuing court proceedings against you for the recovery of the sum outstanding. This would include a claim for legal costs and also a claim for interest which will be added to the sum should a judgment be granted.

Our client would however much prefer to reach an amicable agreement with you for the repayment of the sum outstanding and we, therefore, look forward to hearing from you shortly.

Should you have any doubt as to your position and we suggest that you consult a solicitor.

Yours faithfully

SHOOSMITHS LLP SOLICITORS

- - - Updated - - -

It's titled 'Pre Issue letter' if that makes any difference, but of course that's back in April. Although I would imagine that (hopefully) since they are sending me emails asking me to contact them it's probably not all settled yet.

[Berniethebolt]

Re: Overpaid wages passed to solicitors

That certainly isn't a letter before action. Notice the to consider etc. So try not to worry. If that is a gross pay overpayment there are also the issues of tax and NI to condider

[ODC]

Re: Overpaid wages passed to solicitors

Was the overpayment obviousl?

It seems very heavy handed to use a solicitor to recover this without trying to come to an arrangement with you.

If you decide to pay it back only offer what YOU can afford each month.

[ostell]

Re: Overpaid wages passed to solicitors

When you get the information from your employer and you write back to the solicitor you may care to point them to the case given above. This may slow down the requests for immediate payment.

[Trev1234]

Re: Overpaid wages passed to solicitors

A bit overkill for £500! Take it easy!

[des8]

Re: Overpaid wages passed to solicitors

and don't get concerned about court action.
If they were to use a solicitor, that part of the solicitor's fees not recoverable in a small claim would exceed the amount they are claiming from you.
Court action most unlikely IMO