Over paid 2 Feb - Is it mine or not?????

Discussion in 'Finance, Property, Law' started by Howay_the_Lads, Feb 6, 2006.

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  1. Phoned my RAO this a.m. and told them that I had been overpaid by £6712.23, and was told that Glasgow had messed up, and it would be taken back. A dit was published on Unit Part 1 Orders to that effect. I have just come off the phone to my oppo, who went into his RAO after receiving a similar amount, and was told that it was becuase he was paid the wrong increment after completing a career course (we were actually on the same course together). The FSA info'd him that it was indeed his money from a Pay 2000 cock up.

    Anyone offer any clarity, as I don't want to spend it.
     
  2. Sorry - wrong forum.
     
  3. Not really the same but when Glasgow cocked up a few years back and paid my bounty twice I recieved a phone call from the PASO asking (well ordering really) that I send them a cheque for the overpaid amount.

    Gits, I was planning a holiday when I first saw the balance.
     
  4. Howay_the _Lads,

    I was overpaid consistantly for about a year and then was summoned for a wee chat to be told I had to pay it back. The shock left me reeling as I'd already spent it. My pay was docked for about a year as, unlike you, I'd already spent the amount, so best sort it now! Sorry mate!
     
  5. High interest savings account (Cahoot or similar) and be ready to spend or return the amount when resolved. Either way you will make a bob or two.
     
  6. overpayment is a complex legal issue and you may find that you are entitled to keep the money under a general rule of thumb:

    a. that you accepted the money innocently

    b. that if you've already spent the money you did so in accordance with your usual spendin patterns (ie, not waxed it on a new car, holiday etc.)

    unfortunately, lump sump payments often result in having to be repaid because they do not fall in to the above rules.

    my advice, get a tip-top employment lawyer and don't be fobbed off, or intimidated by the chain of command.

    in legal terms the army is simply your employer and it falls under exactly the same guidance as a civ company, you have the same legal rights as the next civvy.


    alternatively, spend the lot, then you'll have pay it back in instalments, cheers APC an interest free loan!!!
     
  7. bear in mind that if they overpay you, they will want back the full amount before tax - so if you got 6700, they might be looking to take back over ten grand. leaving you to sort out the rebate with the tax office (or something like that). remember they can (apparently) only ASK you to pay it straight back - you can only be forced to pay it back at a max 4 days pay per month, i believe. ready to be corrected by pay wallahs though.
     
  8. I was speaking to a clerk type callsign yesterday and he said they took any over issue in pay back in 4 day gross blocks, unless you are a singly then they took it back in 6 day blocks. He may have been trying to wind me up but you never know.

    Sparky
     
  9. I've seen and heard of some really harsh pay backs, certainly not in 4-6 day increments,

    High interest account and wait out I reckon is the best option

    theGimp
     
  10. seek advice at the correct level.

    Pay clerks, chief clerks even FSA WOs are not always correct in their advice - they may be up to date on LSSA claims and food/accon rebates, but this is higher level employment law.

    Whoever said they can't make you pay it back - wrong i'm afraid- if its proved that you weren't entitled to the money they can make you pay it

    ...however, itsa bilatteral agreement between your employer and you and to be paid back at a rate you can afford
     
  11. IF you know there has been an overpayment (which you do), then to keep that overpayment is, I believe, theft.

    "bla bla bla not legal advice...seek proper legal advice from a lawyer etc".
     
  12. Quite right.

    Make active representations to give it back, there are conflicting opinions on whether you can keep the money after a reasonable time, or alternatively, whether you can keep the money if you beleived you were due it, however the authoratative law is that an employer can deduct the overpayment from your account with or without your permission, irrespective of whether you thought (reasonably or not) that you were (or may have been) entitled to it.

    To explore the matter yourself please check section 14(1) Employment Rights Act 1996.

    Also note the term "any reason" in repsect of deducting wages.