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    Hi,

    Wondering if anyone else can advise me on this. I completed a temporary contract with a Waitrose store a month ago. Today I received a letter telling me that I have to send them a cheque for £97 as they made a mistake and overpayed me. Since I'm no longer at the job, I know they can't make deductions from any future paycheques from them, but what can they do? Nothing struck me as odd about my final pay from them - I'd done a couple of days' overtime here and there, so if I had noticed an increase I would've put it down to that.

    I just want to know what they can do. I've just turned 18, am off to University in September and am not from a wealthy family whatsoever, which is why I had the job in the first place - how am I supposed to come up with this money, which is a very large amount for me, because of their 'mistake'? I understand they can mention I owe them money in any future references, but what I really want to know is is there any way they can somehow force me to pay, through court or anything? As far as I'm concerned I'm ignoring their correspondence, and if they telephone me I'll tell them I'm phoning the citizens advice bureau. I simply don't have this money.

    Arghhh
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    (Original post by rielala)
    Hi,

    Wondering if anyone else can advise me on this. I completed a temporary contract with a Waitrose store a month ago. Today I received a letter telling me that I have to send them a cheque for £97 as they made a mistake and overpayed me. Since I'm no longer at the job, I know they can't make deductions from any future paycheques from them, but what can they do? Nothing struck me as odd about my final pay from them - I'd done a couple of days' overtime here and there, so if I had noticed an increase I would've put it down to that.

    I just want to know what they can do. I've just turned 18, am off to University in September and am not from a wealthy family whatsoever, which is why I had the job in the first place - how am I supposed to come up with this money, which is a very large amount for me, because of their 'mistake'? I understand they can mention I owe them money in any future references, but what I really want to know is is there any way they can somehow force me to pay, through court or anything? As far as I'm concerned I'm ignoring their correspondence, and if they telephone me I'll tell them I'm phoning the citizens advice bureau. I simply don't have this money.

    Arghhh
    I hate to tell you this but they can (and will) take it further, you were employed by the company, and it is best to just pay back the money! If you read your terms and conditions of employement it states that if you were overpaid you are obliged to pay the money back. Also it is a partnership, so it is not shareholders who are losing out it is fellow partners.
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    You should write them a letter and ask them how they've come to this figure. They need to prove that you owe money, so you're entitled to ask them for a breakdown of the figure. Also, you may have paid tax on your wages, so would only need to pay back the amount you received - they may be demanding the pre-tax figure. You can also pay back in instalments if you can't afford to pay it back at once.
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    Ask them to prove where you were overpaid first
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    Only pay it back if it can be proved.
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    This kind of thing used to happen to me all the time at WHSmith... they'd pay me too much or too little and deducted a bit here and added a bit there and asked me to pay whatever back... it was all very complicated. The best thing to do, from my experience, is to go through your recent payslips and check the hours you worked against the hours they think you worked. If it is the case that they paid you too much, then you don't have an awful lot of choice but to pay them it back... otherwise, tell them that they didn't overpay you and try and work out with them where the discrepancy has come from.
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    some places let you pay little by little, it happened to me.. You need to phone them up and discuss it really
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    Ok well legally, you may not have to pay it back. I'm assuming the mistake would've been due to simple human error; typing hours worked into the computer, a mistake in calculation, or something like that. If it is, then under contract law three conditions have to be met:

    1. You must've used the £97 already to 'alter your lifestyle' in some way. This could be as simple as buying everyday items.

    2. Waitrose must've lead you to believe that the money was yours. This means that on your payslip the total should include the overpayment.

    3. The mistake should primarily not be your fault, and you should not have been aware that you were overpaid before you used it.

    If these three conditions are met, then Waitrose cannot recover the money.
    Hope that helps!
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    IGNORE!!! I had something similar, but for a MUCH larger amount, didn't contact them, made no awareness of having recieved any letters, and that was the last I heard from them!

    Good luck

    PS to any moralists, heard it all before, couldn't care less. thanks!
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    take you pay slips and a recent bank statement with you and go talk to your old section manager and they will help straighten things up (and if they aren't there find another employee and ask them to take you to either you asm or one of the personnel Section managers) but check through it all carefully make a note of what you know is overtime, then if it turns out you do owe them money pay it back, as like said before being a partnership your cutting into all of our bonuses (cause i work for waitrose- which is why i know asm's and sm's ect.) the only thing is though is if you leave it then you could get chased up about it in later life.
 
 
 
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