Overpaid

#1
Someone I know spent their summer holidays from uni with the army doing some jobs for a different unit.

As far as I know the accounting &c. went something like this:

To get paid they signed a seperate FTRS contract as the CO was granted a lump sum of money to spend on personnel for some specific jobs - but was not allowed to spend it on anything else. Therefore he hired some TA bods to do his job for him.

My friend signs the contract, does the work for a few months and then (eventually after JPA delays) gets paid a month or two after its all done.



Fast forward 6 months and then my friend finds 6 months worth of back-pay in her account in one lump sum.

Of course she has to be honest and goes and tells our pay clerk about the sum whilst ring-fencnig the amount in a savings account. The clerk says they will look into it and that it will have to be paid back.

This is now a couple of months ago and nothing has been heard. But looking back, due to some administrative fcuk up it looks like the FTRS contract she signed for this 3 months or so of work was actually a 12 month contract.

It all sounds like a bit of a fiddle by a CO/Adj to be honest. I keep telling my friend that she shouldn't spend a penny of it and keep it there earning interest, but I have a nagging (and growing) feeling that she may indeed be entitled to it.

Does anyone have any opinions on this? Has anyone had anything similar happen? How long do issues like this take to sort out?

I've told the story as far as I understand it - and if anything doesn't add up then I've obviously got details wrong...
 
#4
I'd just leave it in a savings account for a while if it was a 12 month contract then she is indeed entitled to it, they messed up she has the benefits.
 
B

Biscuits_AB

Guest
#5
mediumwhiteamericano said:
Biscuits_AB said:
A bit harsh Biscuits. I mean, don't your lot love finding people who are ready to inform for a little 'blind eye'?
Now you come to mention it, a former senior officer is purported to have preferred a little 'brown eye' (allegedly).
 
#6
Biscuits_AB said:
8O - I wouldn't have posted if she hadn't already owned-up to it!
 
#7
Shakespeare said:
I'd just leave it in a savings account for a while if it was a 12 month contract then she is indeed entitled to it, they messed up she has the benefits.
that's what I'm thinking is the best course - but goodness knows how long it will take Glasgow to give her the all clear...


....if it was indeed a 12 month contract that is being honoured (for 3 months work) then there may even be another installment....



lucky bint!
 
B

Biscuits_AB

Guest
#8
bensonby said:
Biscuits_AB said:
8O - I wouldn't have posted if she hadn't already owned-up to it!
Then why did you post then? Not happy with the result of soemthing which was none of your business? Hoping to drop someone further in the sh*t? Stir it up a bit?

You sound like a right snivelling two faced little c*nt.
 
#9
Biscuits_AB said:
bensonby said:
Biscuits_AB said:
8O - I wouldn't have posted if she hadn't already owned-up to it!
Then why did you post then? Not happy with the result of soemthing which was none of your business? Hoping to drop someone further in the sh*t? Stir it up a bit?
Not at all, I'm just interested in how long these things can take. It is all above board and in the system - I was just wondering if anyone else had experienced this and can confirm/deny my suspicion that she may actually be fortunate enough to keep the cash.

And, the woman in question is actually my missus - so I have a bit of a vested interest.


You sound like a right snivelling two faced little c*nt.
Well, I am a rozzer after all... :roll:
 
#12
If it was a 12 month FTRS contract and she's being paid for it, she owes the tax payer 9 months work.
 
#14
Yes she will have to pay it back, and if she only did 3 months work on a 12 month contract, then she could be technically AWOL!

Stilts
 
#15
Why not use the money to buy Premium Bonds? If she has to pay money back then she just cashes them in and that is that, but she might come out smelling very nicely indeed whilst waiting to see what happens. A friend of mine is self-employed and he does this with his tax money and settles up at the end of the tax year. The return he usually ends up with is less than the interest rate in the bank but hey, he might drop a big one.
 
B

Biscuits_AB

Guest
#16
As a 'rozzer' he'll know that the moment she does anything with that money other than give it back ti it's rightful owner, she'll be legally considered as having stolen it. And he, may very find himself considered as an accomplice.
 
#17
That is not true surely. If she's told the army and the army hasn't pulled its finger out, then as long as she hasn't the intention (which according to the circumstances as set out, she doesn't appear to have) to permanently deprive the army of the money, then she can't be done for theft. By your logic, she would already be guilty of theft since keeping the money is probably as much an appropriation as putting it in a high interest account.

I do not think sticking it in a high interest account until the army decides to pull its finger out can be considered theft?
 
B

Biscuits_AB

Guest
#18
Yes it can and it would be. If she moved that money to a high interest account then she has assumed rights of ownership. The question of her dishonesty would be an interesting debate. It could be argued also that by moving the money in order to make profit, the matter of intention is complete and no longer an issue. Wholly down to a jury to decide though.

As to your point about 'my logic', as yet she has done nothing. She has identified the issue and reported it to the rightful owner. She can withdraw the money and hand it in to her Pay Office. Just because the MoD haven't pulled their finger out, doesn't grant her rights of ownership.
 
#19
reporting it to the rightful owner (on the day it came into her account I might add) will constitute taking reasonable steps to reunite the money with its owner. Putting it in a seperate account will also be seen as taking reasonable steps to 'ringfence' the amount so that the owner isn't deprived of the money.

Handing a cheque into the pay office isn't really a practicle thing to do as the money doesn't come from the pay office - it comes from Glasgow.

Indeed, there is a possiblity that she is indeed entitled to that money. That question thus raises this as a civil, not criminal, matter. (not that we'll claim it if the army asks for it back) She can't be charged with going AWOL as she was sent home at the end of the 3 months period with no instructions to return. (I suppose technically if she was under a 12 month FTRS contract she could have been liable to return if she was called back)

Obviously though - she only did 3 months work, even if the contract said she was being paid for 12.

There is absolutely nothing dishonest about her actions. Ipso facto - no theft.


(are you just looking for a bite Biscuits?)
 
B

Biscuits_AB

Guest
#20
If you read back, I'm not questioning her actions just now as she has (as I've already said) done nothing wrong. But it was suggested that she put the money in a high interest account. If she does that, you will find that she may be guilty of theft.

No, I'm not looking for a bite mate. I'm trying to offer you some good advice as to what 'not to do' with that money.

If she were not entitled to that money and spent it, the matter would most certainly be criminal, not civil.

Best thing that you vcan do right now, is to get on the phone to Glasgow. In fact, write them a letter. You need to sort that issue out and if they write back and say that it's hers'...happy days eh?
 

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