Ex employer bothering me about Allegedly over payment

20
Found 11th MayEdited by:"gcmarcal"
I am will try to summarize ( sorry if is too long)

I worked for a very well known company a couple of years ago. And it was the worst job I had in my life.

During the interview process they blatantly lied to us claiming that it was not a sales job ( it was 100% sales) and you would have to work only one day of the weekend per month ( Yeah right!) they constantly moved goalposts, which made getting the promised bonus impossible to reach.

I decided that I had enough and left those clowns. I received my last payslip and I didn't think anything our of it. It was a pitiful salary anyway and the amount was nothing out of the ordinary that I would receive monthly.

Three months after I left, they wrote to me claiming that the overpaid me something like 400 quid.

I wrote to them explaining that I would like a break down exactly what was the amount and how they reached this value, as I could no longer access my employee details.

They were very unsympathetic and just told me that they overpaid me holidays. I wrote again saying that I still would like to see "black and white" exactly how they reach this decision and their response was similar and the previous one: " Because we did! " and they claimed that they updated the Inland revenue on the values.

I checked with the inland revenue and the value was they same. So they blatantly lied to me.

They kept send me letters and pestering me with phone calls for the past two years claiming that I owe them money. I told them to sod off, as I have not bought any products from them and never had any proof I actually owe them money.

I later found out that out of my team ( all left the company) they messed up their payments as well and they never bothered replying them.

Anybody had similar issues?


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20 Comments
If you have paid your taxes on it, then its their problem not yours. Unless they can prove without a doubt the money is not yours then just ignore them. £400 isnt worth chasing in most cases
That what I thought. They sent me to their debt recovery dept. But one thing is you have a service and not pay for it. In my case they have nothing on me.
They need to prove figures. If they did overpay you then they can claim it back but they will need to show evidence.
wayners4 m ago

They need to prove figures. If they did overpay you then they can claim it …They need to prove figures. If they did overpay you then they can claim it back but they will need to show evidence.


I asked them twice for it and they could not be bothered to send me. If they do take me to court I will have proof.

I doubt they will as I have not done anything wrong and why should I suffer for their mistake?
I wouldn't ignore it, it could have a bearing on your future credit record, it might be worth getting a copy of your record from Experian to check there has been no adverse effect. Write to the debt recovery company explaining what has happened and that you have no proof that you owe them anything, if that has no result get a solicitor to write them a letter telling them to stop pestering you.

creditmatcher.experian.co.uk/
£400? They could only take you to small claims court - but it sounds like they are so incompetent that they have no proof so they have no leg to stand on.

Don't give in, we used to get letters all the time from some debt recovery agency for someone who had possibly lived the house ten years ago - we just ignored them and nothing happened.
jaketheplumber31 m ago

I wouldn't ignore it, it could have a bearing on your future credit …I wouldn't ignore it, it could have a bearing on your future credit record, it might be worth getting a copy of your record from Experian to check there has been no adverse effect. Write to the debt recovery company explaining what has happened and that you have no proof that you owe them anything, if that has no result get a solicitor to write them a letter telling them to stop pestering you. https://creditmatcher.experian.co.uk/


Way ahead of of you. There is no such a debt or value on my credit score with them as I was never their customer or had a service provided by them ( their prices are rubbish!).

They are threatening to pass to their debt collection partner ( for 2 years). They are a big company and have their own debit recovery department.

I won't contact them again as their number is blocked and their letters just go in the bin.


I doubt they will take me to small claims ( they would lose anyway) I would have proof that I was reasonable and tried to find out what is the excat reason on the claim. Furthermore I could use the estoppel legal term:


However, if the employer seeks to recover an overpayment after the employee has left the company, the employee may be able to resist recovery on a legal principle known as estoppel, which prevents anyone from taking action on a matter that has been already settled. For the defence of estoppel to apply:

  • the employer must generally have made a representation of fact which led the employee to believe that he was entitled to treat that money as his own; ( YEP)
  • the employee must, in good faith, have “changed his position”, in other words spent some or all of the money; (YEP)
  • the payment must not have been primarily caused by the fault of the employee (YEP)



Plus when I was working for them. They wrote off values way higher than 400 quid due to company mistakes.
Edited by: "gcmarcal" 11th May
😁
I like how you put in your title they allegedly over paid you but right at the end of your post you put about knowing they messed other payments up.
So you obviously knew you'd been overpaid at the time
But saying that I don't blame you and I'd probably do the same thing i can't see anything formal coming from it just maybe constant mither with letters.
stefromuk36 m ago

😁I like how you put in your title they allegedly over paid you but …😁I like how you put in your title they allegedly over paid you but right at the end of your post you put about knowing they messed other payments up.So you obviously knew you'd been overpaid at the time But saying that I don't blame you and I'd probably do the same thing i can't see anything formal coming from it just maybe constant mither with letters.


I wrote allegedly as they show me no proof of such of over payment. They sent similar claims to 2 of mine old colleagues. One is back in Lithuania and the other one I lost contact. I doubt they will get anything.


I am not being dishonest or anything. Had my payslip show an amount that I would not expect (much higher than normal) I would contact them. But the payment was normal value as I left at the end of the month.
Edited by: "gcmarcal" 11th May
You could get in touch with ACAS and they could help you come to a solution with your ex employers. Its a free service.
DevilsReaper12 m ago

You could get in touch with ACAS and they could help you come to a …You could get in touch with ACAS and they could help you come to a solution with your ex employers. Its a free service.



best advice.
DevilsReaper3 h, 38 m ago

You could get in touch with ACAS and they could help you come to a …You could get in touch with ACAS and they could help you come to a solution with your ex employers. Its a free service.



Also Citizens Advice may be worth a call.
Suggest you read any further correspondance before putting in bin, they may have provided the proof you asked for??
Edited by: "Flynn.Jack" 11th May
my daughter was overpaid by £400 when she left her last job and she told them and they took it back - I wish she had kept it now she is out of work!
Flynn.Jack39 m ago

Also Citizens Advice may be worth a call. Suggest you read any further …Also Citizens Advice may be worth a call. Suggest you read any further correspondance before putting in bin, they may have provided the proof you asked for??


Nope, they are just generic letters from their debt recovery department trying to scare people
joesmum18 m ago

my daughter was overpaid by £400 when she left her last job and she told …my daughter was overpaid by £400 when she left her last job and she told them and they took it back - I wish she had kept it now she is out of work!


I didn't think I was overpaid as the amount was similar than I was expecting every month. Besides they are a terrible company, very disorganised and unfair to employees and customers. They have a very poor rating on glassdoor.
Edited by: "gcmarcal" 11th May
gcmarcal4 h, 15 m ago

Nope, they are just generic letters from their debt recovery department …Nope, they are just generic letters from their debt recovery department trying to scare people


"I won't contact them again as their number is blocked and their letters just go in the bin."

How would you know the content if they "go in the bin," ?
gcmarcal17 h, 17 m ago

I didn't think I was overpaid as the amount was similar than I was …I didn't think I was overpaid as the amount was similar than I was expecting every month. Besides they are a terrible company, very disorganised and unfair to employees and customers. They have a very poor rating on glassdoor.


she then realised she was owed holiday pay but of course it was too late then, she'd given the money back
Flynn.Jack13 h, 11 m ago

"I won't contact them again as their number is blocked and their letters …"I won't contact them again as their number is blocked and their letters just go in the bin."How would you know the content if they "go in the bin," ?


After I open an see that is the same gibberish they have been sending
Ignore it, I worked in debt collection for over 15 years, they can do nothing. Nothing will go on your credit file because of the type of debt, so don't worry. They have been asked for documentation and provided nothing, you can dispute any type of debt and the company chasing you has to investigate your complaint, which they have failed to do. Eventually they will run out of generic pre prepared debt letters and leave you alone.

If you get any more mail don' open it, stick it back in the post box marked return to sender.
Update. Coincidentally I met one former colleague from the same company yesterday. I mentioned to him and he told me that two of his mates from his team had the same problem and told the company to sod off.

The level of their incompetence is colossal!
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