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OK. maybe sympathy wasn't the right word and I should have used "advice" instead. I suggest you post the thread on the law forum where a law graduate can advise you. or try CAB instead!!!
Reply 21
Thank you, I will be doing just that or contacting a lawyer - once I've sorted out exams that I'm getting in the first term of uni - I've got to get the priorities right eh?

Might as well get a feel for what people have to say on here in the meantime though.

Cheers :smile:
Ourkid
Try CAB

I perosnally wouldnt take proactive action until they did soemthing

how much is it? if its a fair bit they might small claism you as its fairly cheap to do - if its a few hundred they might just write it off.
Ourkid
Ok to be honest, I don't think you've quite understood what I'm saying so I'm going to give you the benefit of the doubt in that case for the insults.

Let me clear it up:

1) I know how much I'm meant to be paid.
2) I finished working there at the beginning of september.
3) I was paid the first two months, all fine and dandy.
4) I went to uni on the 23rd of september.
5) I checked my balance before this date
6) My loan had cleared at this point and at this point I had not recieved any overpayment
7) on the 25th I was paid the overpayment sum and I recieved no notification of this via payslip etc.
8) I did NOT check my balance at this point as I knew I had the loan payment and was not expecting any more money from them, and paid my hall fees
9) The loan payment = hall fees as I'm living in central london
10) I did not doubt at one point that the money was mine.
11) being a student in london is expensive. It is difficult not to spend a fair amount of money. If you've ever lived in london you would know.
12) This means that I'm living on whatever money I had earnt up to this point. I've not spent the entire amount of the overpayment, but I've spent about 40% of it.

I merely asked my legal standing on this. I do not feel hard done by, I just wanted to know the legals of whether I have to pay it back - oh, and just incase you understand capitals that much better - THE LEGALS, NOT THE MORALS OF WHETHER I'VE DONE ANY PAID EMPLOYMENT AND DESERVE SUCH OVERPAYMENT OR WHETHER I SHOULD PAY IT BACK. If I LEGALLY have to pay it back - it's fine I'll do it when I have it, but if not then screw it why pay it back?!

No offence but seriously, get off your high horse, read the post carefully, and just get a good hard shag from someone, as it is quite plain that you're in need of one.

Ourkid



Really the more you speak the more you are digging a hole. Who cares if you live in London, it is your choice to live there and budgeting rules apply. You should be adult enough to know how much money you have. The money is not your's, you are over paid. Stop being greedy and give it back. If any law people decide to say that you are intitled top the money, it just shows how pig ignoarnt and horrible they are. Imagine if a charity overpaid all its workers by mistake and then they did not have a legal leg to stand on and lost all that money. The money is not yours so pay it back. As i said before if you were over charged in a shop, you would expect a full refund!

P.S You should be in good stand with all ex-employees you never know if you will need them!
Reply 24
If any law people decide to say that you are intitled top the money, it just shows how pig ignoarnt and horrible they are.


No it doesn't, it shows that they know the law better than you do (assuming that's what the law says).

That being said, I agree that it's wrong not to pay the money back.
Reply 25
Becky_Sheffield
Really the more you speak the more you are digging a hole. Who cares if you live in London, it is your choice to live there and budgeting rules apply. You should be adult enough to know how much money you have. The money is not your's, you are over paid. Stop being greedy and give it back. If any law people decide to say that you are intitled top the money, it just shows how pig ignoarnt and horrible they are. Imagine if a charity overpaid all its workers by mistake and then they did not have a legal leg to stand on and lost all that money. The money is not yours so pay it back. As i said before if you were over charged in a shop, you would expect a full refund!

P.S You should be in good stand with all ex-employees you never know if you will need them!

I chose to live in London, but I definitely didn't CHOOSE to pay £140 a week. I was assigned a hall by the university and it is very much a take it or leave it situation. There are possibilities to move halls but even still it's unlikely and it definitely won't be significantly cheaper.

I chose UCL because of its academics not because it's a pricey university.

Yeah fine a charity I can understand - but the difference in my situation is it was for a multimillion pound company that makes it employees work to the bone for wages that are bang on minimum.

You can talk to me about morals until you're blue in the face but it's not going to change my opinion so maybe just stop?

You just seem to be a jumped up child who thinks the world works on ideals. I stand by my original impression of you and take no further heed of anything you say.

PS. I'm never EVER going to have to work in a shop like that if I do well enough in my degree, and even then I'd start my own business if nothing else so I really could not care less about being in good standing with them.

Ourkid
So it is OK to chhose to steal from your employees? Earn £1 or £100 million, who cares, principle is the same!
You choose to live in the capital, you choose to live in the most expensive place in England, you choose to pay that amount of money. Whats your excuse for being ignorant about not being able to budget and know what your finanical sitaution is?
Teebs - I was trying to demonstate that the laws of theis country are sometimes not based on common sense, honesty or morals if they allow an overpayment to be made and the company has no legal stand to ask for the money back.
By the way Ourkid if you think that the majority of the companys do not use and abuse its employees, grow up. You are low skilled I assume because you only have A levels, you took the job, it suited you for two months, you are getting education, you (people) will never get paid there true worth so deal with it.
Reply 27
Becky_Sheffield
Teebs - I was trying to demonstate that the laws of theis country are sometimes not based on common sense, honesty or morals if they allow an overpayment to be made and the company has no legal stand to ask for the money back.


Well you didn't do it very well.

Anyway I'm not a lawyer, but I'm pretty sure the law is that if you get overpaid you're expected to report it and pay it back. I'd assume there are exceptions for when you don't realise, but assuming that it's even slightly obvious I'd expect to have to repay it if it ever went to court.
Reply 28
You are right to ask for details of the payment, they will have records to show what you worked and what you were paid. If you were overpaid it is their money and ultimately you will have to pay it back, depending on the amount(and I'm assuming its not thousands) they can do this quite simply and cheaply through the small claims court (think thats what it is called.) If you contact them and explain the situation they are very likely to accept a payment plan and may even let you pay a reduced amount as they made the mistake. (I know someone who was in this situation and they accepted something like 50% to sort it out) One point you need to consider is tax and NI, if you sort this out in this tax year they can sort out the overpayments and you will pay the net amount, leave it to next year and you will owe them the gross amount. You may not be paying tax but you will be paying NI if its over £100 per week.

In the long run its easier to get it sorted and may not cost that much. I know its hard at this point but they are unlikely to let it go, in my experience companies won't do that because it sets a precedent.



Good luck.
I would like to point out the guy accepts and knows he was overpaid.
Reply 30
Profesh
Detrimental reliance militates in your favour by default. However, depending on the proportion of the excess relative to your nominal wage (particularly if the amount consisted of a lump-sum over-payment rather than a recurrent miscalculation spanning the two months), it might not be tenable to contend that you were oblivious to this discrepancy: were you paid double, for instance.
Why are you talking like a complete gay?!
mayavara
Why are you talking like a complete gay?!


I call it being pedantic :wink:
Reply 32
Becky_Sheffield
So it is OK to chhose to steal from your employees? Earn £1 or £100 million, who cares, principle is the same!
You choose to live in the capital, you choose to live in the most expensive place in England, you choose to pay that amount of money. Whats your excuse for being ignorant about not being able to budget and know what your finanical sitaution is?
Teebs - I was trying to demonstate that the laws of theis country are sometimes not based on common sense, honesty or morals if they allow an overpayment to be made and the company has no legal stand to ask for the money back.
By the way Ourkid if you think that the majority of the companys do not use and abuse its employees, grow up. You are low skilled I assume because you only have A levels, you took the job, it suited you for two months, you are getting education, you (people) will never get paid there true worth so deal with it.


I'm not stealing from the company IF I can find a loophole by which I'm able to LEGALLY keep it. Why on earth are you unable to figure this point out?! It's really not that difficult. If it's legally possible, then by law it's not stealing and that's all I really give a **** about.

You STILL haven't understood the whole issue about me having not noticed the cash being in my account - I advise you to reread my points that I've made time and time again to explain the situation to you, but it seems you're just going to assume you know what you're talking about when you don't even understand the situation.

I'm not ignorant about budgeting; I can and do budget, and like I've said I've not spent all of it only a percentage of it. I don't need an excuse - especially not to explain myself to a bint over the net who thinks she's a moral queen who doesn't have any helpful advice but only overactive keyboard fingers.

To be honest, the laws are what they are - I'm not in a position to change them, and neither are you. I'm not pissed off about this - I'd just rather not pay it back if I don't have to. If I have to then FINE I WILL. Jeez this really isn't that difficult.

As for me choosing to live in london - well it was either sacrifice a place at an educationally elite university or pay up - WHICH I'M DOING WITHOUT COMPLAINT.

I agree that the majority of companies do use and abuse their employees, but then by your ethical moral bull**** this isn't fair on the employee. I don't see you complaining about that. I'm not complaining about their bone breaking labour or lacking wage. All I'm saying is I'd rather keep this money than give it back, in exchange for the bull**** I put up with.

Of course it was low skilled - it was a summer job. As for only having A levels - AABb in chemistry physics maths and biology isn't that bad.

Also going by your logic people aren't paid what their worth - so why is being 'overpayed' looked upon as stealing when I wasn't getting what I was worth in the first place?

Your logic, not to mention your ethical and moral arguments, all have more holes in them than colander which just got on the wrong side of Rambo.

Deal with it, and maybe we can continue this debate.

Ourkid
Why not be honest and say you want to keep the money, instead of trying to say you spent it by accident.
You are an idiot,.
Reply 34
Becky_Sheffield
You are an idiot,.
That's rather rich coming from someone doing a mickey-mouse degree at Hallam "University".
mayavara
That's rather rich coming from someone doing a mickey-mouse degree at Hallam "University".


Just because you went to a highly rated university doesnt stop you being an idiot.
Clubber Lang
Just because you went to a highly rated university doesnt stop you being an idiot.



I don't think this attitude will ever change on TSR. Can't some people accept that not everyone is oxbridge, lse, ucl, warwick, imperial material. Hey some people come from low positioned institutions and end up at these places. It does not mean you are some how inferior.

Why is it that half these high calibre grads want to work within companies run by college dropouts: Facebook, Microsoft, Apple, Dell, Virgin et al.

As to being overpaied, this does happen, companies will screw the hell out of you since they are the overlord,the capitalists and they have profits to protect. I suggest OurKid, you look for an answer away from this forum since many people feel the need to act condescending to even the slightest thing.
Reply 37
Becky_Sheffield
Why not be honest and say you want to keep the money, instead of trying to say you spent it by accident.
You are an idiot,.


You seem to be implying that me having spent a portion of the money by accident isn't possible? It is indeed possible, as it is the situation I find myself in. Hence - you're wrong...

I have been honest from the start, not to mention the fact that I've repeatedly said I would like to keep the money if it is legally possible.

Seriously, have you actually read any of my posts? Is anyone else having such problems in comprehending my posts? I'm pretty sure I'm speaking english. :rolleyes:

Ourkid

EDIT:
unknown demon
As to being overpaied, this does happen, companies will screw the hell out of you since they are the overlord,the capitalists and they have profits to protect. I suggest OurKid, you look for an answer away from this forum since many people feel the need to act condescending to even the slightest thing
Well said.
mayavara
That's rather rich coming from someone doing a mickey-mouse degree at Hallam "University".


What kind of school did you go to Mayavara? Public, Grammar or a Comprehensive? :smile:
Just shows how stuck up you are, ****!
best of luck in the future trying to do basic maths.
Why should you keep the money???? Answer that?

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