Overpaid

Discussion in 'Finance, Property, Law' started by balldrick, Jul 29, 2010.

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  1. Can anyone give me a bit of advice over a bit of a pickle i have got in over an overpayment from a job I had

    Last year I got a temporary job for 3 months over the xmas period with John Lewis's as a delivery driver from october to the end of jan, several weeks after the end of the contract I recived a snot-o-gram from them say that I had been overpaid to the tune of 300 odd quid for being overpaid for 5 days off I took (was told to by the dispatch manager) I quired this by writing to them (becuase no one answered the phone when I rang the number they gave me) asking for certain things like a paystatment i was missing and copies of everything entered on to there computer system about me. I recived a screen print of the missing paystatement with a hand written note on the bottom telling me the dates of the 5 days I had off and that 2 of the days I wasn't entitled to( after being told by the dispatch manager that my holiday entitlement had increased by 2 days becuase of some xmas time gubbins i didnt understand) now my contract with them was for £7 per hour based on a 39 hour week even my crap maths knows that doesnt add up to £320 at the most i feel that it should only be 3 days I never recived any copies of the info entered onto there system about me that I asked for and didnt hear anything else from them untill i recived a solicitors letter today demanding payment within 7 days

    My main problems are that at the minute I have no job and no money so cant pay it back even if i wanted to and i really am wanting to stick my head in the sand and ignore it all and hope it goes away
    Help!
     
  2. Tell them the truth - you don't believe it's owed and haven't got it anyway. If they decide to proceed, go down the CAB.
     
  3. After a quick google is your friend

    Can my employer recover an overpayment of wages from my next/future wages?

    If you have left the employment where the overpayment occurred

    In this situation, your former employer is unable to make a deduction from your wages. But what if, some months or years later, your former employer, or even a debt collector, contacts you claiming that you owe money that was overpayed in the former employment? Much will depend on what was stated in the employment contract. Some contracts state that, if an employee leaves the employment owing the employer money that could not be recovered from final wages, the amount owed becomes a civil debt. If there is no contractual provision to treat the alleged overpayment as a civil debt, the employer may have considerable difficulty in enforcing payment if you refuse to cooperate. In either situation, you should obtain advice from a solicitor, or the Citizen's Advice Bureau, or another local organisation providing advice on legal, employment or tax matters.

    I would pop into CAB and have aword with them