Pay 2000, how can i redress my increments?

Discussion in 'Army Pay, Claims & JPA' started by Golf_one_one, Oct 20, 2004.

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  1. just been told by the pay office, i owe upwards of 3 grand because of a computer error in 01, (extra increment)
    what can i do? where do i stand?
    and will i get a tax rebate?

    please give me the benifit of your wisdom

  2. Purple_Flash

    Purple_Flash War Hero Moderator

    1) Tony's, like, you know, really passionate about the importance of shoring up Shrub in Iraq and is, kind of, you know, too busy to get involved 'cos you're not schools 'n' hospitals.

    2) Gordon's looking forward to prudently investing your excess pay into gay and lesbian outreach programmes for ethnic minority soldiers.

    Sorry, but basically, I wouldn't hold out too much hope for a fair and equitable outcome!
  3. Yeah, fair one

    kind of expected that

    Watch out soldier mag, letter inbound!
  4. Ohhh!............Yet another whinge letter to Soldier.............that'll be different. :roll:
  5. ViroBono

    ViroBono LE Moderator will the pompous and confusing reply from some AGC officer ...
  6. From ACAS site:

    Overpayment of wages
    Can employers recover overpaid wages?
    Under the common law principles, which a civil court would consider, this depends upon whether the overpayment is due to a mistake of law or a mistake of fact. However, it should be noted that an employment tribunal has no power to consider an application which relates to the recovery of an overpayment of wages under the protection of wages provisions (see below: unlawful deductions from wages).

    What is a 'mistake of law'?
    It is classed as a misunderstanding or misinterpretation of a policy and in these circumstances wages cannot be recovered.

    What is a 'mistake of fact'?
    It is seen for example as a clerical error, an accounting error, or a computer error. The employer is prevented from recovering the overpayment if the following conditions apply:

    the employer has led the employee to believe that he or she is entitled to treat the money as their own

    the employee has changed their position to the money, ie spent it

    the overpayment was not caused primarily by the fault of the employee.

    I'd say that 3 years before claim back would lead me to believe it was mine.
    I'd certainly have spent it.,
    and I dont think you would be in a position to have caused it.

    However the MOD may be exempt from this...

    Hope this helps
  7. G11 - can you PM your personal details.

    I am in a position to do some investigation for you.
  8. G11, I dealt with a similar case not long ago and - although it went around the houses many times - because the overpayment had been audited without being noticed three times, it was eventually decided that it was unfair to recover the funds and the soldier got the money back. However, this related to a miscalculation of an allowance rather than a straight, one-off overpayment.

  9. Involve your chain of command and ask your OC for help. It is their job !
  10. SITREP

    right, just to really f**k things up, since my last ref Pay2000, i've been posted to a new unit, and my old pay office has jacked on me by saying its not their problem (guv) i'm on tour in the sand at the moment, i've been told that Glasgow should have sorted an interview with an officer for me as soon as they knew about the over payment, and that that interview will decide how much you pay back if at all, if you can prove you couldnt have known about the overpayment (ie, if you went up an increment accidently, as opposed to getting LOA when you wernt entitaled) you have got good grounds to keep the cash, when i get back, i'm seeing my 2ic asap.i've heard about people with switched on admin/pay staff who have kept the over payment after telling glasgow to back off. Civvie street CAB allegedly say its the employers fault, keep the cash, but we all know its not as easy as that. any further advice would be much appreciated

  11. Redress, Pay2000??????????very big suck in of breath in a back street Auto mechanic style. very hard to Redress, a policy. However if your RAO is not helping you as Ramillies posted ask your OC for help
  12. Flip side of the coin, they owe me an incremnt from Sep 01, and dont seem overly keen to solve the computer error and pay me what they owe me (or the other 9 thousand in the same position).

    I would say they as you didnt cause the problem, and were drawing what you thought was correct pay, its their problem and it should be written off. They would undoubtedly adjust your pay down though.

    But that would be the fair thing to do, so your probably going to have to pay it back. Try and arrange a payment schedule of, say, a tenner a month or something.

  13. Appeal - they can't touch the money until the appeal has been heard.

    I was in a similar position for a far smaller sum - I think they can take up to 4 days pay each month as settlement.

    Might be worth talking to a lawyer or citizens' advice bureau.
  14. Unfortunately you are not the only one APC are doing this to. They are trying to get me to pay back £5k+ because they got my pension abatement etc wrong when I started FTRS. My pay has been abated and my pension all but stopped (no winge from me here, I don't see why I should be paid differently from my peers), but they say at the wrong amount up until 02. Oh, and they refuse to send me documentary proof other than "you owe us..." letters and say its up to me to prove them wrong!

    I am also aware of an officer who is being chased for more than £50k and another who had his pension stoppages repaid (several thousands) and is now being told it was a mistake and can we have our money back please?

    Also, and I've just been given 3 months notice of the end of my contract because they are not employing FTRS (FC) on anything other than deployments and have to arrange my own discharge, removals, urgent re-schooling for my child as he is coming up to GCSEs, and re-settlement because I now qualify but don't have a hope in hell of getting any courses. All with no help from my administering unit. Like being back in the regulars for real!

    I thought the MoD including the Army was supposed to be an Investor in people?
  15. Under the new overissues procedure brought in April 2004 they can only take four days pay from you a month and have to give you two months notice of the deductions. This would also correct your tax and prior year tax if applicable as the overissue would be offset using the tax credit due.
    Redress would certainly be an option , especially if your AGC clerks are informing you your pay was correct. The policy logs for the P2K fcuk ups are in the DSPSI's every month so there is no reason your pay office (FSA or above in particular would not be aware).

    Its not APC Glasgow who are making these decisions regarding P2K, they are merely implementing them on the decision of DSPSA. No point moaning at Glasgow (unfortunatley) as they are just the monkeys this time. DSPSA is the organ grinder and any complaint letters should be staffed through your chain of command to SPS and above.