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fivebyfive
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#1
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Hi,

A company that I left has overpaid me , as I only worked for the 1st week of a month. They have paid me for the whole month, today I received a letter from them requesting that I send a cheque for the amount that they have overpaid me.
Just wondering what are the consequences if I don't give it back I.e could they take me to court. Its their error and am sure they have messed up my tax for the rest of the year. As I have contributed way more then I have earned putting me above the tax free bracket for the year. Meaning that I will be taxed more on what I earn now. They also haven't sent me my P45 so I am on emergency tax again.

Thanks
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jimmmy
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I got overpaid by the big food group, booker cash and carry. They paid me for a bout 2 months after I left. Dont give them any money, it is there fault! Hehe
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Juno
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You'll have to pay it back, but you should make it a condition of you paying that they sort out the taxman for you
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viviki
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(Original post by fivebyfive)
Hi,

A company that I left has overpaid me , as I only worked for the 1st week of a month. They have paid me for the whole month, today I received a letter from them requesting that I send a cheque for the amount that they have overpaid me.
Just wondering what are the consequences if I don't give it back I.e could they take me to court. Its their error and am sure they have messed up my tax for the rest of the year. As I have contributed way more then I have earned putting me above the tax free bracket for the year. Meaning that I will be taxed more on what I earn now. They also haven't sent me my P45 so I am on emergency tax again.

Thanks
You have to pay it back.
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fivebyfive
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What can they do if i don't?
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viviki
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(Original post by fivebyfive)
What can they do if i don't?
I'm think they would be able to bring criminal proceedings against you under the Theft Act but I'm not an expert on that.
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~Sam~
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Yeah you have to pay it back. My dad works for BA and they overpaid him for about two years. He didnt say anything and then last year they requested about £4,000 back from him! He got legal advice but was told that he didnt have a case and would have to pay the money back even though it wasnt his fault
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NDGAARONDI
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(Original post by viviki)
I'm think they would be able to bring criminal proceedings against you under the Theft Act but I'm not an expert on that.
The Amendment Act of 1996 I believe. What you can do is make it known to them they have overpaid you and it's up to them from then on to deal with it. I'm not sure you are legally obliged to withdraw the difference and hand it back, instead they can just deduct the amount for a future payment, if there is one.

If there isn't, you could just leave the amount they overpaid you in your bank account and if they don't claim it back within 6 months, it might be yours. Not so sure on that though.
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NDGAARONDI
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http://www.hmso.gov.uk/acts/acts1996/1996062.htm#2
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john williams
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I wouldnt pay them back and if the above is true just try and let it drag on for a few months. How much was it? If its just a few hundred they might not bother taking legal action should you not pay it back.
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MorbidAngel
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#11
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i once got overpaid almost £800. i phoned them to say they had paid me the same month twice. it took em 2 month to claim it back
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frost105
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(Original post by fivebyfive)
What can they do if i don't?
Get taken to court. It happened to a friend of mine when he worked for Natwest. They let ir drag for 3 years and then he got a summons. Now he has to pay the money back plus fees.
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fivebyfive
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Think i will wait and see what happens, if they are still chasing in a few months they can have it back. Their stupid fault for giving it to me in the first place, at least i can have a couple of months interest on it for all the hassel its caused.
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PQ
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http://www.adviceguide.org.uk/nw/ind...backanoverpaym

You might be ok if you claim ignorance....
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fivebyfive
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Thanks everybody.
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viviki
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(Original post by PQ)
http://www.adviceguide.org.uk/nw/ind...backanoverpaym

You might be ok if you claim ignorance....
I think that only applies if you can prove you've already spent the money. If they are trying to claim it back straight away I don't think you'd be able to use that as an argument.
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ThePants999
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#17
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Definitely not worth the hassle of not repaying it, but you should definitely make it clear to them that you will repay them ONCE they have fulfilled their obligations and sent you a P45.

Since we have some knowledgable people here, I'd like to ask a related question. My girlfriend was overpaid around £2,500 by the Home Office. She has notified them repeatedly and asked for instructions on repaying it and a calculation of exactly how much she owes, but after a year and a half they still haven't gotten back to her. Does the money eventually become hers, and if so after what time period?
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fivebyfive
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#18
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Sorry to drag up a old thread, i sent them a cheque in Feb which they confirmed they received but they still haven't withdraw the funds. It's nearly five months on now. Once it reaches six months is the money mine? Thanks
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MorbidAngel
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#19
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(Original post by fivebyfive)
Sorry to drag up a old thread, i sent them a cheque in Feb which they confirmed they received but they still haven't withdraw the funds. It's nearly five months on now. Once it reaches six months is the money mine? Thanks
possibly. not sure what legal stuff they would have over it. can you prove they got the cheque when you said (i.e compliment slip etc)
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Juno
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Banks don't normally accept cheques after 6 months. However, you still owe the company this money for 6 years after the date you last acknowledged the debt. So in future they could take you to court and ruin your credit rating etc, as it will be easy for them to prove that you owe them money and that you know you owe it.

So phone em and ask if they've lost the cheque and whether they'd like a new one
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