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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think they should let the debt go?

177 replies

falulahthecat · 08/06/2014 17:49

I had a job at a uni in the finance dept. which started off as me coming in for 20 hours a week as an intern/dogsbody - then when a lady left on the purchase eldger because I was finding it all so easy they let her train me up for a couple of days and gave me her job. 5 months later my contract was due to end, I had a weeks holiday, then 10 days then my contract was to be renewed.
Being my first 'proper' job I'd stupidly not insisted on written confirmation, however everyone was so confident I'd be staying I'd even paid my £5 for the Christmas meal (2 months later!).

I come back off holiday and get "Oh, er we didn't clear it with HR and as it's the recession (it was 2010) we're not renewing any contracts that expire. You might be able to reapply but we're changing it to a position for someone with payroll experience blah blah".

So I had 10 days to find a job, which didn't happen. (In fact 2 years of unemployment and depression/anxiety followed, hurrah).

THEN they paid me the next months pay - and I went to the job centre next day to sign on and said the last time I was paid was yesterday and so my job seekers was delayed.

By the time I found out it wasn't mine (had stupidly assumed they wouldn't have made a mistake like that and it was either my months 'notice' or I'd been paid in arrears as my payment method changed after the first month) some was gone and I needed the rest for rent etc. until my jobseekers kicked in for rent.

2 years later they start chasing it up, using debt collectors etc. There's nothing in my contract saying it would become civil debt, and so the use of debt collectors is I believe, illegal. (Please correct me if I'm wrong, I got it from the CAB website I think).

I agreed to pay £5/£10 a month from my jobseekers allowance (I'm pretty sure even banks aren't supposed to use that for interest!) but after 7 months decided it was too much as unlike a lot of people we were getting only £400 between 2 of us and no housing benefit etc. - basically my family was having to pay our rent, it was a horrible time!

2 years later and a debt collection turns up at my parents address AGAIN.

I could just ignore it, but if they ring my Mum or turn up she won't deal well and I'll feel so very guilty.

AIBU to think that, in these partcular circumstances, they were dicks and should just let it go? :/ Just to say I've only just been able to find another permanent job (instead of temp/seasonal) after all this time, and have overdrafts etc. that need paying off, and we're meant to be saving anyways... ARGH!

OP posts:
steff13 · 08/06/2014 18:45

They overpaid you, which was their mistake, but the money wasn't yours, thus you have to pay it back.

If your bank accidentally credits $100 to your account, the money doesn't become yours, regardless of whose mistake it was, does it? No, and it's the same thing here.

Just call up the debt collector and make payment arrangements. Can they garnish your wages there? Here a debt collector can get a court order to garnish your wages if you don't pay.

BeCool · 08/06/2014 18:45

Sorry OP this is a difficult situation

But by paying back £200 straight away you are confirming you know the money isn't yours. Plus you did this by the other payments you made. I don't think they will let this go.

Bearbehind · 08/06/2014 18:45

I just hope, seeing as you've not actually had a permanent job since then, you don't need this company to provide you with a reference Hmm

falulahthecat · 08/06/2014 18:48

LeftyLoony I'm stealing that one too!

sunshinecity17

You have winning comment ;p

OP posts:
BeCool · 08/06/2014 18:48

You are perfectly entitled to feel how you feel. You don't need MN to confirm or deny this.

Keep paying what you can. It will eventually be repaid.

falulahthecat · 08/06/2014 18:48

It's like no one's ever heard of a verbal contract around here Hmm

OP posts:
steff13 · 08/06/2014 18:49

Just ignore it .It's not worth their while taking you to court for 1000

I can say for a fact that that isn't the case here in the US. But even if it is there, won't it affect the OP's credit?

WhatNowBrownHow · 08/06/2014 18:49

But they didn't go straight in with collectors?

You had a payment plan which you stopped paying.

falulahthecat · 08/06/2014 18:50

Bearbehind
2 years of working for people for Free whilst volunteering and 2 seasonal jobs mean that no, I don't. But funnily enough, they gave me several positive references during this time, and my line manager sent me a 'sorry we fucked you over card' which I may have to bring out as evidence they take me to court :p

OP posts:
TheHappyMonkey · 08/06/2014 18:50

but they didnt go straight in with the debt collectors did they? if im reading it right they waited two years before referring to debt collectors?

DoJo · 08/06/2014 18:50

TBH I think I would be more sympathetic if you weren't asking your mum to lie for you. You have said that she is finding the situation hard - why not just tell her to give them your current address and pay what is owed? I can understand you feeling hard done-by, but I can't understand compounding it
by allowing your mother to be involved to the point of it causing her stress.

Did you tell them when you decided to stop paying it back from your JSA?

If you have overdrafts and other debts then you can treat this like one of them - pay back what you can until it's gone.

thenightsky · 08/06/2014 18:50

Offer them £5 a month to get them off your back. It worked for DD when she was threatened with debit collectors. After 2 years of paying £5 a month, they wrote off the interest if she paid it off in one payment (worked out about £500 instead of £1,000)

WhatNowBrownHow · 08/06/2014 18:51

Only if they go to ccj Steff, it's not something they'd put on a credit file otherwise, as it wasn't really 'credit'.

falulahthecat · 08/06/2014 18:51

WhatNowBrownHow

I refer you to my previous comment. I didn't 'just stop'. And they're only using debt collectors because they've incorrectly reassigned it to student debts.

OP posts:
falulahthecat · 08/06/2014 18:52

DoJo

I specifically said I CAN'T ask my Mum to lie for me! And IF they call it would stress her out. Hmm

OP posts:
ChelsyHandy · 08/06/2014 18:52

I'm sure a lot of people, possibly in circumstances worse than yours, wish they didn't have to pay their debts back.

Unfortunately that's not how the world works. No-one gives you free money.

falulahthecat · 08/06/2014 18:54

To clear up the 'straight in with debt collectors' point everyone is clinging on to.

Last time I spoke to them, I told them I just couldn't pay anything at all, as what I was getting from JSA wasn't covering our bills and food and we were already borrowing. They agreed to 'let me off' until I was out of overdraft etc. and in a full time job.

Since then it has been reassigned to student debts, and out of the blue I got a debt collection letter, where as it's normal practice for them to send out an invoice first (I know this because I licked and stuck the envelopes myself when I worked there!)

OP posts:
SelectAUserName · 08/06/2014 18:55

OP, you are wilfully ignoring the fact that their failure to offer you the job they originally intended to is utterly irrelevant.

They paid you too much money.
You realised this (eventually).
You are legally required to pay it back.
You had a payment plan.
You no longer have a payment plan.
There is a debt outstanding.
They are entitled to recover their debt.

They made a mistake, they messed you around. It's not great, it's not fair, life is sometimes shit. Unfortunately that's the way it is, and you're coming across as petulant and entitled the more you try to wriggle out of your legal requirement to pay back what wasn't yours.

falulahthecat · 08/06/2014 18:57

Once again, I'm asking AIBU to THINK they should.

I love how this has turned into attacking me for thinking I can waltz around taking money.

I'm asking AIBU to FEEL like it was a crappy siuation and considering they recinded on a verbal contract and caused me financial hardship by stopping me from being able to sign on that I should be ANNOYED that they made the flipping mistake.

I wasn't after a moral debate.

Everyone enjoy it up there on their horse though. Wink

OP posts:
Bearbehind · 08/06/2014 18:57

So they sent you a 'sorry for the fuck up card' but you're still claiming you didn't know you owed them the money?

Give it up OP, you owe them the money, no amount of arguing will change that.

steff13 · 08/06/2014 18:58

Only if they go to ccj Steff, it's not something they'd put on a credit file otherwise, as it wasn't really 'credit'.

I don't know what ccj is, but here anything that goes to collection goes on your credit report. Also, if they take you to court here, you have to pay the court costs, which are just added to the debt. I don't know if it's the same there, though.

dancinggerald · 08/06/2014 18:58

You need to make an appointment with CAB who will go through your monthly income / expenditure and advise you as to how to proceed with a payment plan, which could be as little as 1 a month. That will halt the debt collectors etc. I do think unfortunately that you will owe the money, but once you have a payment plan in place you could seek advice on that.

falulahthecat · 08/06/2014 18:59

Selectausername

Verbal contracts are binding. It's not irrelevant. Something I was told by an Actual solicitor at the CAB the first time they asked for the money. But I decided it was too stressful not to pay rather than to pay.

once again, calm down! I'm not ignoring it, I just don't see how everyone thinks I should be happy and fine with the situation, and should have just become f*£$%ing homeless/been evicted.

OP posts:
Bearbehind · 08/06/2014 18:59

Seriously OP, you don't 'think' they should, you want them to write off, don't try and back track just because no one agrees with you.

falulahthecat · 08/06/2014 19:00

Bearbehind

A month later... with a 5 pound note in for the Christmas meal.
By now I obviously knew.
To quote yourself "give it up"

OP posts: