How would you handle this?

[Gentleness]

Cross posted as there is so much more traffic here...

Today - more than 2 years after the event - I got a letter saying my employers are going to invoice me for a fair amount. The reason given is overpayment, but it relates to maternity pay.

I worked as a teacher, qualifying for the full maternity benefits, but didn't go back to work. Maternity leave began Sept 09 and I handed my notice in Feb 10. From Jan 2011 onwards, I called council HR repeatedly to ask for an exact figure of what I would have to repay. My final conversation with someone was in May '10 and I was told there didn't seem to be any need to repay. I challenged this and was told that maybe because I'd overpaid taxes due to not earning for 1/3 of the year, that was cancelling out what I owed. I repeated my concern that I wanted to know this for sure and she said she'd call me back that day after checking. She didn't call back. A couple of weeks later I called again and said I'd like the conclusion of what I owed or didn't owe in writing please. Nothing came. No calls. So was I unreasonable for believing them?

In visits back to work I let them know that no reclaim had been made, that I was worried about it but had been told it was fine. The bursar asked her contact in HR about it even - still nothing came to me.

If I owe it fair and square, I will find it of course, at the expense of my family. It just seems so harsh that I was told it was sorted. I actually kept what I thought it would be (more than the're now asking for) to one side for another year after being told it was sorted, just in case. Then we decided to use it to overpay the mortgage. So I can't get it hoiked out of there. I'm so stressed by this letter. We should already have left on a weeks holiday, long overdue, but I've been trying to find out information. I'm hardly going to be able to relax now, or want to spend on any treats.

So, if you survived that vent, any ideas on what they will do? Can they chase me for this money 2 years later? Might they STILL have made a mistake? How forceful will they get and how flexible can they be in arranging repaying? I'm a SAHM now, pregnant with #3 and no intention of working for another year after that birth at least, so not till Jan 2014.

I would ask my union. Even if you are not a member now, you were at the time and they should be able to give you some legal advice.

Failing that, get your own independent legal advice - they don't seem to know their arse from their elbow, so make sense not to take their word for it and see if they have a legal right to repayment.

Don't talk to people over the phone - you need everything in writing.

I would ask them to check again, it seems a long time to wait two years.

I was overpaid my maternity leave but it was HR's fault, I tried many times to solve the problem and they told me it was solved but nine months later when I went back to work I was told I was over paid. Luckily HR suggested going to my departmental manager who was able to write of the overpayment as I had done everything I could to not be overpaid in the first place.

Firstly, do you agree that the amount is correct? If not, challenge them to recalculate and give you a full break down of the amount.

Secondly, check your original contract of employment, see if there is any wording about overpayments. This may or may not help in a challenge.

Thirdly, be prepared to pay and start putting a small amount aside so that you have started saving the repayments.

When and if you feel you are sure that they have calculated it correctly and you have a copy of your contract, see citizens advice.

If you have to pay, insist on a repayment scheme whereby you pay a minimal amount each month to allow for your current financial situation.

...and go on holiday, sounds like it will do you good!

It will be whatever was over and above statutory, which was 6 weeks at 90% then the rest at £112 or so a week.

Teachers used to get 2 weeks full, 4 weeks 90%, then 50% plus SMP for a number of weeks, forget how many. You can probably figure it out from the teachers maternity pay, at least give yourself a ball park figure. I don't know what the limitations are, and as you said, you tried to figure out/ pay back, but you do owe it, unless you went back for 12 weeks after ML.

Thanks all. Do you reckon I have any chance of using the fact that I was told over the phone that I didn't owe anything?

I don't have a problem with the fact I have to repay in principle - I knew that at the time and was prepared for it, but they were the ones who told me (argh not in writing) that I didn't.

Do you have dates/ times and names?

I have the date and a rough time, but she returned my call when I was out and busy - I can't find a note of her name.

As Crunchy has said, dates/times, names. And presumably the bursar can support your version of events?

I'd be looking for some kind of goodwill gesture from the council/LEA by way of a write-off or repayment over a period of years time.

Get your union to do battle for you.

Don't worry too much about the fine detail - if the council officer is still in post chances are you'll get to talk to her again, if not maybe she left notes on your file.

Tbh I think you should kick up one almighty fuss. They can't expect you to pay a bill over two years old with just one letter, particularly after all the phone calls and effort you went too to flag the situation. If this was a private company they wouldn't be able to be this disorganised.

Thanks for the advice and support. I'll contact the union but in the end, it always felt a bit wrong to not be paying that money back so although I'll make absolutely sure I'm not paying more than I should, will make them explain fully exactly why they were so incompetent and will pay at my own pace, at least the situation feels a bit more honest...

Right now I am going off on holiday and trying my damnedest to forget all about it and not be totally stingy with my kids. Why should they suffer for bureaucratic incompetence and their mother's foolishness at believing what she was told.

You might not have to repay it at all. If you were repeatedly told there hasn't been an overpayment and you relied on that and spent the money, they can't now turn around and say sorry what we told you was wrong and you have to pay it back. Your home insurance may include legal expenses insurance to cover you for legal advice on this

Everyone else has given you good advice on the paying back / not paying back front but I have one suggestion about how to get the money if you need it.

Sometimes when you overpay on your mortgage you can later on underpay until you are back to where you would have been had you not overpaid. Have a look In your terms and conditions in your mortgage.

Update: discussing the letter with dh, he interpreted their reason for reclaiming as being that they didn't correctly record my work role for the maternity period, so it didn't register as wages that should be repaid. That's why they thought I didn't owe the money. So it's definitely not a tax miscalculation and the amount is probably right. And according to my googling, apparently employers can stuff up like that and just claim it back for something like 7yrs because it is theft to keep it.

Well don't leave yourself short, trying to pay it back too quickly. They messed up, so you should pay it back at a rate you can manage.

It's not theft in circumstances where you raised it at the time, were told you could keep it and relied on their statement to your detriment. Google estoppel instead

You will have to repay it & you know you owe it as you didn't go back to work. But you won't have to find it all at once. Happened to a friend of mine a couple of years after her maternity leave!!

yes you will have to repay said overpayment , you can within reason decide how much you can afford each week/month, do not skin yourself re this , do not be bullied either, work out what you can repay , offer it and do not be swayed, you are complying with the law, put everything in writing and send it special delivery, keeping copies of same.