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So basically if it's not yours then legally they can reclaim it. This idea that if it's not your mistake it's free money doesn't stand up in court. However I think there is leeway to insist that you thought it was yours and spent it so can't afford to pay it back in one go. As with most things financial it's very hard for a company, even in court, to bully an individual who is making a reasonable attempt at paying.
So if you really feel like annoying them then when they ask for it offer to pay it back over a year.
(it was an amount I probably won't ever forget: £2543.21)
Regardless, I now owe just shy of £1500. They've sent me a letter apologising for the error and don't want to cause any financial hardship, so I've offered £10 a month – they want £50 a month, which, with all my other outgoings is too much IMO.The woman I spoke to was nice to begin with but was then passive-aggressive and tactfully putting the responsibility on me. At this point I'm not sure what to do. I don't know whether I should fold or stick to my guns. It's their error, and it feels like I'm paying for it. I can seriously do without it. Thoughts?
Unfortunately, not a leg to stand on, they did have to pay it all back.
That went down well.
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I think £50 a month is a reasonable request from them, ultimately that's 30 months or 2.5 years. Unfortunately, your request is 150 months or 12.5 years. There are mortgages that have finished earlier!
They would win any court case on this. I think I'd go for a compromise of £25 a month and a 5 year pay-off.
Ultimately you don't want daft bills like this hanging over you anyway and if you're not careful they'll send the sheriffs around to flog off all your guitars.
Yes. I'd also be careful about any 'references' that might still be pending. It's common for new employers to ask former employers for references once you are employed and not before you are employed. This is for the obvious reason that job seekers can be reluctant to allow potential new employers for references as this would put them in a difficult position should they not get the job or decide they don't want it.
What you don't want is your old employer to refuse giving you a reference as this can be a sign that all was not well between you, leaving it up to your new employer to work out if it's something or nothing.
Don't forget you are likely to be on a probation period and nowadays an employer can dismiss any employee within the first two years with no need for a tribunal that might be against unfair dismissal.
Not sure if there's any payroll people on here, but there might be an issue with your tax because of the overpayment which might be picked up by your current employer, warranting an explanation from you i.e why are you being taxed on two wages?
The issue is whether you think they can be arsed to take you to court for such a small amount. Unfortunately this is usually inversely proportional to how much they need it.
Send them £22.44 and see if they accept it. Their accounting seems so shit thst if you send a different amount every month the will get confused.
Wait for a letter saying they want their day in court before you take requests too seriously.
Offer them good to the value of to save them calling baillifs.
Offer to work it off.
Source: not a clue about the law.
Also, if they reckon they stuffed up in October I'd be asking for a full breakdown, and also an assessment of whether that's caused you to overpay tax/NI etc.
I'd also be furious, that they could stuff up that badly
He went to citizens advice and they told him to put it in writing what he could pay & to always pay on time every month. He paid just £20 a month for this Jaguar always on time. Another year goes by and the company go out of business...he keeps the Jaguar.
From this point on, put EVERYTHING in writing. Personally I would avoid doing things with your old company over the phone...much better to have it as an email or letter.