Overpayment of salary

[charitynjw]

Re: Overpayment of salary

[MENTION=19071]teaboy2[/MENTION]

Change of position defense?

[Mrs_Mop]

Re: Overpayment of salary

Thanks charitynjw. Someone else suggested that but my understanding is that I would have to show that the money had been spent.

[charitynjw]

Re: Overpayment of salary

Thanks charitynjw. Someone else suggested that but my understanding is that I would have to show that the money had been spent.

True. & not on usual expenditure (household bills, etc)
Been on any holidays recently?
Bought a fur coat, etc?

[Mrs_Mop]

Re: Overpayment of salary

Sadly neither.

[teaboy2]

Re: Overpayment of salary

Sadly neither.

Did you pay off any debts, finance agreements with the extra money paid to you?

You could argue, that 2 years is an unreasonable amount of time to not have not noticed their mistake given that they should have known precisely what they were paying you for. But then they could argue that you would have known too. But then Estoppel also comes in to play, and given the lengh of time, it would say that would be your strongest defence - See link below and pay attention to. Estoppel would also go with the change of position defence!

http://www.pcs.org.uk/en/resources/l...erpayments.cfm

[Mrs_Mop]

Re: Overpayment of salary

I've never had any loans or finance agreements.

I honestly didn't spot anything wrong. I was made to jump through a few hoops to reduce my notice period (down to 5 weeks) and left with a chest infection (that happens when I'm run down), had to chase up my payslips and P45 several times, and start a new job.

[teaboy2]

Re: Overpayment of salary

Use the estoppel/change of position defense to deny their claim to any money being owed. Then get back to us once you hear anything back from them

[Openlaw15]

Re: Overpayment of salary

True. & not on usual expenditure (household bills, etc)
Been on any holidays recently?
Bought a fur coat, etc?

For an estoppel defence (to estopp any action) it requires a promise that has since reneged and detrimental reliance. Where is the promise that has been reneged?

[teaboy2]

Re: Overpayment of salary

For an estoppel defence (to estopp any action) it requires a promise that has since reneged and detrimental reliance. Where is the promise that has been reneged?

Look up "estoppel by representation of fact" - There is no need for any promise to have been made at all. In fact the companies silence about this for almost 2 years is more than enough for them to be estopped from claiming any overpayment - As basically the OP has for the last 2 years relied on the fact there was no overpayment as a result of the company not mentioning any over payment until now, therefore putting the OP at a fincial deteriment as a result of the company representation via their silence for the last 2 years that their was no overpayment!!

Though one promise would be that they promised to pay her in remuneration for the hours she worked - And therefore its fair to assume that the OP relied on them to pay her accurately!

[Mrs_Mop]

Re: Overpayment of salary

I have an update! I said that I believed that estoppel applied and asked whether my former employer could think of a reason why this wouldn't be the case. They've passed my details on to a debt collector.

Regarding estoppel, he writes: "I can see that you have previously quoted the Law of Estoppel, unfortunately it does not apply to this scenario. The fact that you were not responsible for the overpayment in no way mitigates your responsibility to reimburse our Client, mainly due to the fact that you were aware that you had received this money incorrectly for the period after you left their employment and therefore the money did not belong to you." It's interesting that he claims it to be a fact as I was not aware of the overpayment.

Further down the letter he says: "Both parties can continue to argue, this ultimately could lead to this matter being concluded via Court action, which would be expensive and time consuming for both parties. Alternatively, our role is to negotiate a settlement and set up an affordable regular payment plan to gradually repay the total figure to be repaid is this would assist."

He hasn't issued any timeframes but I'm assuming that ignoring the letter would be a bad idea.

Any thoughts and advice would be gratefully appreciated.

[Kati]

Re: Overpayment of salary

Further down the letter he says: "Both parties can continue to argue, this ultimately could lead to this matter being concluded via Court action, which would be expensive and time consuming for both parties. Alternatively, our role is to negotiate a settlement and set up an affordable regular payment plan to gradually repay the total figure to be repaid is this would assist."

If it went to "small claims" (under £10,000 claimed) then you would not have to pay THEIR costs (so if YOU were a LiP your costs would be minimal )

- - - Updated - - -

:bump:ing for [MENTION=19071]teaboy2[/MENTION] and [MENTION=26290]mariefab[/MENTION] xx

[Mrs_Mop]

Re: Overpayment of salary

Thanks Kati. It's definitely under £10 000.

[Kati]

Re: Overpayment of salary

Thanks Kati. It's definitely under £10 000.

so ... theoretically you could let them take it to court It would cost THEM money and not you :noidea: xx