Need Some Advice - overpaid at wrk - HotUKDeals
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Need Some Advice - overpaid at wrk

Rozy_uk Avatar
8y, 5m agoPosted 8 years, 5 months ago
i wrk for virgin media and they have been over paying me, i didnt not realise they where overpaying me but it was there fault not mine and i am leaving in 2 weeks and there lookin for the money bck and am nt sure wot i am suppose to do its a large amount of mney i have student debt to pay aswell .... there gettin me too wrk full-time(am part-time at moment) till i leave and sign sme document sayin i would pay it bck

any advice in wot a should do???

thanks in advance
Rozy_uk Avatar
8y, 5m agoPosted 8 years, 5 months ago
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1 Like #1
dont sign anything untill you have spoken to a union. or cab
#2
As you said, it was there fault not yours. Don't give them anything!
#3
Be wary of spending it as it will no doubt be stipulated in your contract overpayment can be requested back even if it is their fault, if you are on a salery that is no doubt the reason you have been over paid.
#4
What job? wouldnt mind working for them!! :thumbsup:

Oh yeah, dont pay it back!!!!!
#5
TWIGGY4LIFE 666
As you said, it was there fault not yours. Don't give them anything!


Wrong and very silly advice to follow, it will be in the small print somewehere that any overpayments must be made good. Pay it back however you can cos it wont go away, lad at work had similar.
#6
kungfu
Wrong and very silly advice to follow, it will be in the small print somewehere that any overpayments must be made good. Pay it back however you can cos it wont go away, lad at work had similar.


I am only 15 so i have no idea what i am talking about when it comes to work. What i said is what i would've done.
#7
My mum got overpaid today too!

When i got over paid at my old job i offered to give the money back, I then left / got sacked that weekend! So returned the money in pennies and 2's :D

Maybe they paid you owed holiday pay? I had that happen to me I think... Just remembered both jobs i've had have paid me too much, i got £30 a month from my last job for about 5 months! I contacted them but they said just ignore it and they'll get me taken off the payroll! :D

it's really up to how comfortable you feel, do you want to give it back or keep it?

(Good luck in the future...xx)
#8
:)
TWIGGY4LIFE 666
I am only 15 so i have no idea what i am talking about when it comes to work. What i said is what i would've done.

Don't worry i don't think it was said in a nasty way. The correct advice though is to be careful & not spend it as they are quite within their rights to get the money back.
banned#9
Lol there mess up, lesson learned for them
#10
I was overpaid - they said I should have realised and it was my responsibility to check my pay was correct. I pointed out that there wasnt anywhere where I could have checked and the payments went back 3 years which amounted to quite a large amount of money. There was documentation to say they could only ask for it back for a certain length of time - which i think was a year. so the outcome was I paid back a year of overpayments at the rate they paid me - ie over a year!
#11
Dont sigh nothing and say see ya later!!
#12
************** did that at royal mail but paid em back like an idiot! however credit ratings can be affected i think
#13
If you can offer them a lump sum you may be able to get the amount reduced. But speak to CAB before you do anything.
#14
Sadly if you have been overpaid you will have to repay it, regardless if you are still employed by them or not.

They can end up taking you to court over it if you didn't repay if asked to.
#15
simple........

agree to pay it back..........but say youve spent it so cannot do lump sum.........offer to pay it back in affordable installments.......INTEREST FREE..........

so agree to pay £5 a month........or something like that!
#16
Before your question can be answered was the mistake a mistake in law or a mistake of fact?
If in law - the employer has no case, and no right to a return of the overpayment.
If in fact you should repay unless the Howlett conditions are met; 1. The employer led the employee to believe the money was theirs (ie they sent you a packcheck) 2 the fault is primarily that of the employer (tick!) 3 you have used the money "to change your lifestyle" including but not limited to enlarging mortgage, higher purchase or other regular financial commitment.
Case authorities for this
"Mistake of law" : the Court of Appeal in Holt v Markham 1923 1 KB 504.
"Mistake of fact" : County Council of Avon v Howlett (1983 IRLR 171).
Send your employer a letter quoting the above - chances are they will stop pursueing you. Under no circumstances should you sign any documentation.
#17
You will definately have to pay it back. Most companies class it as 'theft of payment of hours'................and yes it might not be your fault...........but if a cash point gives you more then you asked for everyone, including myself would keep it, but the banks still class it as theft.

Sorry but its better to pay it back and get a good reference also, if you apply for somewhere else and they put on your reference that you never paid back you overpayment, youll never get a job!
#18
I was overpaid over 3 years, they informed me and said although they were entitled to claim it back they wouldn't. Massive relief, I also know someone who was paid by a company after they left. They were written to and she ignored their letters and that was the end of it................ 5 years or so later they still have done nothing to attempt to recover it.

Will totally depend on the company, but I would be reasonable and say I would repay at the rate it was paid to me. For example £20 per month if that was how much it was.

Good luck x
#19
widstyle
simple........

agree to pay it back..........but say youve spent it so cannot do lump sum.........offer to pay it back in affordable installments.......INTEREST FREE..........

so agree to pay £5 a month........or something like that!
i think that is the best advice to follow, it is really your responsibility to check your wage slip each time, i'm sure you would have noticed if they had underpaid you. At the end of the day i'm sure you would like a glowing reference, not one with robbing beggar on it lol
#20
ThePasty;2354688
You will definately have to pay it back. Most companies class it as 'theft of payment of hours'................and yes it might not be your fault...........but if a cash point gives you more then you asked for everyone, including myself would keep it, but the banks still class it as theft.

Sorry but its better to pay it back and get a good reference also, if you apply for somewhere else and they put on your reference that you never paid back you overpayment, youll never get a job!

It is only theft if the op claimed extra by their own mistake - from what they said it appears to be the employer. If the employer gives a bad reference it is a violation of tort.
#21
thanks for all ur advise

yep i will defo go see CAB before i do anything

and yes i would like to pay it bck, but ita a huge amount and i have no mney to pay it and i dnt mind settin up a payment plan but there jus been funny abt it :x

i already got a job start on 7th july :)
#22
hope you get the result you want and good luck in your new job.
#23
ThePasty
Sorry but its better to pay it back and get a good reference also, if you apply for somewhere else and they put on your reference that you never paid back you overpayment, youll never get a job!


Indeed.
1 Like #24
If there is one in your area the community legal advice centre (CLAC) run by the CAB in conjuction with local authorities is a better option as then you'll be speaking to someone who has been on at least one legal training course. Generalist advisors at the CAB will only be able to consult the AdvisorNet database which can be seen at this page
http://www.adviceguide.org.uk/index/life/employment/rights_to_pay.htm#Isanemployerentitledtomakedeductionsfrom
which will advise you to pay it back despite the case law outlined above.
#25
seancampbell
Before your question can be answered was the mistake a mistake in law or a mistake of fact?
If in law - the employer has no case, and no right to a return of the overpayment.
If in fact you should repay unless the Howlett conditions are met; 1. The employer led the employee to believe the money was theirs (ie they sent you a packcheck) 2 the fault is primarily that of the employer (tick!) 3 you have used the money "to change your lifestyle" including but not limited to enlarging mortgage, higher purchase or other regular financial commitment.
Case authorities for this
"Mistake of law" : the Court of Appeal in Holt v Markham 1923 1 KB 504.
"Mistake of fact" : County Council of Avon v Howlett (1983 IRLR 171).
Send your employer a letter quoting the above - chances are they will stop pursueing you. Under no circumstances should you sign any documentation.


thanks for ur advice = )

our payslip are put on a internal website but i can nvr log on to check hw the payment is broken dwn.
#26
That should cover the grounds in criteria one then. A well worded letter should do the trick.
#27
pay it back be a good man
banned#28
Rozy_uk
thanks for ur advice = )

our payslip are put on a internal website but i can nvr log on to check hw the payment is broken dwn.


So you say it's a huge amount?
How much is the overpayment? How much in total and how much per week/month (depending on how often you get paid)?
How long have you worked there?
#29
colinsunderland
So you say it's a huge amount?
How much is the overpayment? How much in total and how much per week/month (depending on how often you get paid)?
How long have you worked there?



hey i have worked here for 4 years part-time while a was at uni

yes overpayment is a huge amount a rather not say on here exactly hw much
#30
seancampbell
That should cover the grounds in criteria one then. A well worded letter should do the trick.


Lol your leading him/her on a wild goose chase imo, it will be clearly worded in their contract that overpayments must be paid back. :thumbsup:
#31
kungfu;2355383
Lol your leading him/her on a wild goose chase imo, it will be clearly worded in their contract that overpayments must be paid back. :thumbsup:

Hardly. I could put in an employment contract that the employee must only eat food purchased in the building at a huge markup in order to create a de facto diminishment in wages, doesn't make it right or legal. UCTA provides for that. Feel free to read the aforereferenced cases then find a real counterargument, rather than a dismissive post that merely follows the generic advice posted throughout the thread (which I agree morally may well be right, but the legality is another question).
banned#32
Rozy_uk
hey i have worked here for 4 years part-time while a was at uni

yes overpayment is a huge amount a rather not say on here exactly hw much


roughly?
It can make a difference, if you have been overpaid by say £50000 a year then its likely they will persue you and you will probably end up paying it back
If its £4k over 4 years, thats only £20 a week and you could easily argue you didn't notice the extra, or thought it was a bonus or something.
#33
My little brother had something similar at the royal mail, he left and they paid him for another month after he left, He sent them recorded delivery letters saying that you have paid me etc. He heard nothing back went on his back packing adventure came back and had a CCJ and a court letter ordering him to pay it back, he spent it on his backpacking, came to angreement with the court of £16 PCM.
#34
You say you worked part time but they have paid you a lot more money than that - you would have known that they had overpaid you because you would know roughly how much money (if not the exact amount !) you should be getting - you did what everyone else would have done - you kept quiet hoping they wouldnt notice. They can ask you to pay it back in full - but - if you cannot then you must offer them an amount you can pay back - if they do not agree with your repayment mount they will take it to court and the final outcome will be that a judge will decide how much you need to pay back per month. the bottom line is you knew you were being overpaid and you have to pay it back
#35
seancampbell
Hardly. I could put in an employment contract that the employee must only eat food purchased in the building at a huge markup in order to create a de facto diminishment in wages, doesn't make it right or legal. UCTA provides for that. Feel free to read the aforereferenced cases then find a real counterargument, rather than a dismissive post that merely follows the generic advice posted throughout the thread (which I agree morally may well be right, but the legality is another question).


Lol, nice big words and that mate, but as i said........your leading him/her on a wild goose chase, virgin will get the overpayment back :p

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