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AIBU?

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AIBU to ignore previous employer's request to repay overpayment?

105 replies

IOnlyHopeItsGoingGoingGone · 04/07/2024 16:57

I worked for a company last year for 7 weeks. I was only there a short time because they were dreadful and my manager was even worse, so I cut my losses and left before it all started to get to me (which I knew it would, it was only a matter of time). So, I left in May 2023. During this time, I didn't get a full month's payslip, so had no idea what my normal monthly pay was. I was also put on emergency tax, so grossly overtaxed for what I did do. I'd also accrued some travelling expenses, which were due back to me, and took me a lot of chasing and over a month after I left to actually get. So it was all a bit of a mess, and I just wrote it off, put it down to experience and moved on. Anyway, a month ago (so over a year after I'd left) I received an email saying that due to an admin error, I'd been overpaid and that I needed to pay back what was owed as a matter of urgency. This was not a huge amount (around £100). They also insinuated in the email that I may have been aware that I had been overpaid (certainly not the case due to the reasons I mentioned above). They gave me 14 days to pay what I owed. I ignored this email. Now, a month later I've received another email saying that the matter is urgent and if I don't pay up within 14 days they will pass my case to their debt collection agency which may incur additional charges and affect my credit score. Would they really do this for such a paltry amount, when it's their error, over a year since I left the business?? Wouldn't it cost more in legal and admin to try and recover it than its worth? Are they just bluffing and AIBU to continue ignoring this? I don't even know if what they're saying is correct anyway!

OP posts:
saturnspinkhoop · 04/07/2024 17:49

I’d start by checking that you definitely have been overpaid. Quite possible that they’ve messed that up.

if you have been overpaid, you will need to pay it back.

Springwatch123 · 04/07/2024 17:44

Is it definantly from the company, and not a scam? Maybe with ringing hr (don’t use a number from the email), to check and ask for more details. Then I’d be awkward and ask to pay it off in instalments.

mybeesarealive · 04/07/2024 17:42

It wouldn't be proportionate to sue over £100 so unlikely to do so. They couldn't recover legal costs if they did. So it would leave them more out of pocket.

daisychain01 · 04/07/2024 17:09

You need to ask them to produce a correct payslip which it sounds like you never received. Say that you need the correct payslip which is a legal requirement and this would be to provide you evidence of the overpayment.

They clearly don't want to provide the full information because its too much hassle, however if they were to take you through a debt collection process, they wouldn't have a leg to stand on if they couldn't provide specific tangible evidence of why they maintain they overpaid you.

I expect you won't hear from them after that because it is a small amount and they're just trying to take a minimalist approach. But to be clear, the onus of proof is on them and you need to be able to evidence you have taken reasonable steps to resolve the matter.

Willsean · 04/07/2024 17:03

It's not your fault if you'd didn't (couldn't) notice due to the reasons above, but that doesn't mean you get to keep an overpayment.

You had 14 days to put it right and you've already just ignored as if you have some claim to the money.

Sort it and quickly, as you'd want if it were your wages.