Overpaid wages 2017 now looking for them to be repaid.

[melonballer1234]

So my Dh received a letter today from his old employer (civil service) saying that back in 2017 they have overpaid him and now would like the money back. At the time of the over payment he queried the matter with them at the time and was told that no the money in fact was his. He has a copy of the whole email conversation about said money. He felt a bit dubious at first so kept the money for a considerable period of time even after he handed in his notice with them in Nov 17. So now it’s nearly 2 years later and they are chasing him for the money. Can they do this? He’s has emailed them with his paper trail of said conversations regarding the money and they still want it back. It’s not a small sum either and they’re not even offering a repayment plan it’s simply you owe us this here is our bank details so you can pay it. The money had been spent and we have a baby on the way. What if anything can we do?!

[longearedbat]

I have no legal knowledge, but if it was me I would make them go through a small claims court to try and get the money back. As you have a full paper trail telling you the money was yours, I don't think the court would look very favourably on their attempts to reclaim now.

[MrsKittyFane1]

Yes this. Tell them to claim through court. He doesn't work there anymore and it's 2 years ago. You have a paper trail. Let the courts sort it out.

[longearedbat]

I will add, though, that I would possibly have kept the money to one side, just in case, but I know what it's like when money is tight.
I think they are very unfair not to offer a repayment plan. Was it a lot?

[MrsKittyFane1]

This is what they can do... If the sum is not much, they might not bother. If it's thousands they might.

www.google.co.uk/amp/hrnews.co.uk/can-employers-recover-debt-former-employees/amp/

[Judashascomeintosomemoney]

This is very definitely one of those times it’s worth getting proper legal advice, especially if this is a substantial amount of money. If you are overpaid, yes, you have a legal obligation to repay. However, companies really are expected to be reasonable in their terms of repayment, which this place clearly aren’t being. Given the time it has taken them to contact you and the fact that they initially confirmed it was correct, you would stand a good chance of (a court or their legal representation) it being decided to write it off. The only complication, ironically, being that because you queried it and kept the money for some time, you could be said to have known it wasn’t really correct, unfair I know. Anyway, definitely worth paying for some proper advice. (DH and I going through something similar atm )

[melonballer1234]

Thanks everyone. I think he’s gonna go to the citizens advice and see what they have to say about it. It’s nearly 3k so it’s not much to them
but to us it’s a lot!

[TinchyP]

You may have a 'change of position' defence. Discuss this with a solicitor.

[Daisy183]

Absolutely not, there is a principal of estoppel. They cannot confirm its his to spend then go back on that at a later date. The email trail is great. Look up overpayment of wages and the principle of estoppel. Send that with the email trail evidence