• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.
  • If you need direct help with your employment issue you can contact us at admin@legalbeaglesgroup.com for further assistance. This will give you access to “off-forum” support on a one-to- one basis from an experienced employment law expert for which we would welcome that you make a donation to help towards their time spent assisting on your matter. You can do this by clicking on the donate button in the box below.

Overpayment of salary

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Overpayment of salary

    Hello,

    Nearly two years after I left my last employer I received a demand for over £1000 because of an alleged overpayment. From the very first letter I have been threatened with debt collectors and phrases like "you must pay" have been used in emails.

    I was unaware that I had been overpaid, having chased my former line manager on numerous occasions for both my final payslip and my P45 and eventually contacted the HR director. I was happy that they had finally arrived and I was able to hand in my P45 to my new employer.

    I have asked for a breakdown of the calculations but have been sent a spreadsheet with a number of worksheets and complex formulae, and some screen prints of their computer system. I have no experience in payroll so can't verify that their calculations are correct. I have repeatedly asked for a comprehensive explanation (in simple terms) of their calculations.

    I have also asked for an explanation on how their error - although they won't admit they they made one and assuming that they have - came about. I haven't had a satisfactory explanation about that either.

    I also suffer from a chronic physical illness and was diagnosed with it during my employment there. The stress of this is making me ill. At hospital appointments over the last year, various medical staff have told me in no uncertain terms that I have to keep stress levels down.

    I have made it clear to the organisation that I would like a prompt resolution and that they are affecting my health. Their reply was another email with no explanation and further threats to pass to a debt collection agency if I don't reply within a week. Previous emails have given me a fortnight.

    Many thanks in advance for any advice.
    Tags: None

  • #2
    Re: Overpayment of salary

    :bump: for [MENTION=19071]teaboy2[/MENTION] xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

    Comment


    • #3
      Re: Overpayment of salary

      Are you able to post up screen shots of what they have sent you or alternatively email copies to @Kati (whom am sure will provide you an email address) so Kati can forward them on to me? Also include your final pay slip and details as to when your employment ended. Basically include every bit of details you can and everything you have been given by them, including the letters demaning repayment, and if you still have it, your contract as well please. That way i can work out or try to work out whether there was an overpayment or if they actually owe you money!

      Also give me details as to the situation surrounding your leaving their employment too as that may help too. for example if your illness led to you being off sick up till your employment ended etc, then it could be they paid you more than they should have done under company sick pay scheme etc etc.
      Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

      By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

      If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

      I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

      The Governess; 6th March 2012 GRRRRRR

      Comment


      • #4
        Re: Overpayment of salary

        Of course you can email them to me (kati@legalbeagles.info) xx
        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

        It doesn't matter where your journey begins, so long as you begin it...

        recte agens confido

        ~~~~~

        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
        But please include a link to your thread so I know who you are.

        Specialist advice can be sought via our sister site JustBeagle

        Comment


        • #5
          Re: Overpayment of salary

          Many thanks both of you. I'll gather all the paperwork and various emails together. It may take a few days.

          Comment


          • #6
            Re: Overpayment of salary

            No problem, i'll keep an eye out for an email from kati when she forwards to me what you have sent.
            Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

            By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

            If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

            I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

            The Governess; 6th March 2012 GRRRRRR

            Comment


            • #7
              Re: Overpayment of salary

              here's everything you might need [MENTION=19071]teaboy2[/MENTION]
              Attached Files
              Debt is like any other trap, easy enough to get into, but hard enough to get out of.

              It doesn't matter where your journey begins, so long as you begin it...

              recte agens confido

              ~~~~~

              Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

              I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
              But please include a link to your thread so I know who you are.

              Specialist advice can be sought via our sister site JustBeagle

              Comment


              • #8
                Re: Overpayment of salary

                emails:
                Attached Files
                Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                It doesn't matter where your journey begins, so long as you begin it...

                recte agens confido

                ~~~~~

                Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                But please include a link to your thread so I know who you are.

                Specialist advice can be sought via our sister site JustBeagle

                Comment


                • #9
                  Re: Overpayment of salary

                  more emails:
                  Attached Files
                  Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                  It doesn't matter where your journey begins, so long as you begin it...

                  recte agens confido

                  ~~~~~

                  Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                  I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                  But please include a link to your thread so I know who you are.

                  Specialist advice can be sought via our sister site JustBeagle

                  Comment


                  • #10
                    Re: Overpayment of salary

                    and letters:
                    Attached Files
                    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                    It doesn't matter where your journey begins, so long as you begin it...

                    recte agens confido

                    ~~~~~

                    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                    I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                    But please include a link to your thread so I know who you are.

                    Specialist advice can be sought via our sister site JustBeagle

                    Comment


                    • #11
                      Re: Overpayment of salary

                      last letter:

                      - - - Updated - - -

                      payslips:
                      Attached Files
                      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                      It doesn't matter where your journey begins, so long as you begin it...

                      recte agens confido

                      ~~~~~

                      Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                      I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                      But please include a link to your thread so I know who you are.

                      Specialist advice can be sought via our sister site JustBeagle

                      Comment


                      • #12
                        Re: Overpayment of salary

                        more payslips:
                        Attached Files
                        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                        It doesn't matter where your journey begins, so long as you begin it...

                        recte agens confido

                        ~~~~~

                        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                        But please include a link to your thread so I know who you are.

                        Specialist advice can be sought via our sister site JustBeagle

                        Comment


                        • #13
                          Re: Overpayment of salary

                          Thanks [MENTION=49370]Kati[/MENTION] - i'll have a look through them tomorrow and hopefully be able to work out whats what before the weekend for [MENTION=79866]Mrs_Mop[/MENTION]
                          Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

                          By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

                          If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

                          I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

                          The Governess; 6th March 2012 GRRRRRR

                          Comment


                          • #14
                            Re: Overpayment of salary

                            Right i've had a look. And it seems they did make an overpayment to you.

                            Basically they paid you 4 weeks in arrears so at the end of each 4 week period you worked you were paid for those 4 weeks - Not the same as being paid month in hand where your paid for the 1st month at the end of the second month! So as you left on the 9th/10th August, that was the pay for the last 4 weeks you worked. So on 10th august you were paid upto the date your employment terminated

                            Regarding the pay slip for september, they mistakening paid you for an additional 4 weeks work, that you hadn't actually worked - So in effect paid you for 4 extra weeks more than you were entitled to be paid for. All they should have paid you in September was you accured holiday entitlement!

                            Only thing i am at a lost on is the value of the pension Fund - one says its £750 (if memory seres me right) and the employer claims they only have £250 so tats puzzling to me. But despite that they definetely paid you an additional 4 weeks wage that covered the period from 10th August up to date of the September payslip!

                            Though i think you really need to question the discrepancy in the pension fund amounts.
                            Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

                            By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

                            If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

                            I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

                            The Governess; 6th March 2012 GRRRRRR

                            Comment


                            • #15
                              Re: Overpayment of salary

                              Thanks Teaboy.

                              I think the pension discrepancy is because they're refunding the contributions of £250 whereas the pension value (had I been on the ball and transferred it) would have been £750. My understanding is that I would be entitled only to the contributions.

                              I'm not entirely sure about the calculations. I could be wrong but it looks as though extra union subs have been deducted. I'm also a bit confused about the tax and NI situation.

                              Thanks again for having a look at this.

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                              Announcement

                              Collapse

                              Welcome to LegalBeagles


                              Donate with PayPal button

                              LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                              See more
                              See less

                              Court Claim ?

                              Guides and Letters
                              Loading...



                              Search and Compare fixed fee legal services and find a solicitor near you.

                              Find a Law Firm


                              Working...
                              X