To think they should let the debt go?

[falulahthecat]

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!

YANBU - they should let the debt go.

I got overpaid years ago by a major bank I was working for. They were a vile organisation. horrendous to work for, awful to their customers and I hated them. It was in my last paycheque when I left for another job

So anyway they overpaid me about 700 quid. I couldn't believe my luck and had no qualms spending it. I actually went shopping and blew the lot in a few hours (I can only imagine the faces of some of the people on this thread when they read that )

Payroll wrote to me once a few weeks later and I ignored it. Then I heard nothing else. If it had have been a small business then I would have owned up and paid it back immediately. But not some multi million pound corporation that were a bunch of cunts anyway

Anyway op Fuck em I say. Their cock up. And they treated you shit so they deserve it.

Offer them a fiver a month, in writing. Then pay it religiously. It won't go away but it will get them off yours and your parents back, and will protect your credit rating which you will need one day!

Ignoring it is never the answer. The fact that it was their cock up and they treated you shabbily unfortunately makes no odds. You knew when the payment arrived that you probably weren't owed it, but you didn't query it. There is no such thing as free money!!!

Bearbehind

Do fuck off.
Of course I want them to write it off - who WANTS debt?!

There is a website run by the Consumer Action Group with loads of advice on how to deal with debt collectors etc.

You are perfectly entitled to feel like you did about your debt, however you may be better off with a long term payment plan. I have seen people paying a pound a month for credit card debts etc.

Billynomates71

I know I can do the £1 a month, £5 a month thing.
I can do that now.

It just all felt very unfair at the time, bringing bad memories back of a time when I was hospitalised for the side effects of panic attacks.

I was just asking AIBU to want them to just let it go and think they're in the wrong for assigning it to student debt and sending a debt collection letter to my parents house instead of calling/emailing'sending a letter themselves when they know me and my boyfriend still works there!!!

HPparent

That sounds interesting thank you.
Well as I'm still in my overdraft etc. I can't do anymore than that anyway. Really didn't need it added to everything else we're paying off at the moment, came out of the blue and ruined an otherwise happy day :s

So why bother with all the 'I just think they should' shit.

It's really not clear where the verbal contract comes into it anyway- it doesn't sound like anyone promised you anything.

The verbal job offer is separate to the overpayment. If you believed you had a case regarding the former, you should have sued for breach of contract. That does not preclude the company from recovering the overpayment made in error.

balenciaga

If you escape a torrent of abuse now I will be thoroughly annoyed! Lol!

I must admit it also annoys me because I knew the Vice chancellor regularly spent the amount I owed on lunches EVERY week. hmpf

I think you should go to see the CAB again. Whatever the rights and wrongs of this situation, the legal situation - breaking of a verbal contract and the wrong assigned label of 'student' debt - could completely change things and put things much more in your favour.

If a debt is legally disputed, it cannot be collected (although debt collecting agencies may try to persuade you otherwise).

It may be the case that there was no such verbal contract, that it was just implied and wishful thinking did the rest. IT could be the case that wrongly assigning the debt as a student debt means the actual real debt has never actually been acknowledged and could potentially become statute barred (though I wouldn't advise that).

None of us can know whereas a good financial expert/solicitor would. Overall though, OP, while I think you have a moral responsibility to pay back the overpayment, I have enormous sympathy for the circumstances that led you to use that money, as I think would anyone who's ever had money put aside for one purpose and had to spend it to keep a roof over their head or eat.

SelectAUserName

I know!!! I was only saying that it was that that made me think I was entitled to the money briefly, and that I was told I could sue for breach of contract but at that time was far too scared to do anything like go to court. My family were not feeling very supportive at the time and I'd never had ANY dealing with the law at all. Now I wish I had!

PoundingTheStreets
Thank you for a balanced response!

the verbal contract exsisted. As I said - everyone thought I was staying, and I got the 'sorry' card after. My line manager had even given me a project of changing codes etc for NEXT YEARS system change.

Unfortunately we had no money put aside at all, otherwise I'd never have needed to use it.

Bearbehind
Stop reading if you don't like it. You've obviously skim read and decided you know all about the situation anyway

Why on earth would my manager have to have a meeting with me to explain sorry but they hadn't cleared my contract renewal with HR and the description was being changed, then send a sorry card after if I hadn't been told my contract was being renewed.

If you still have the sorry card, proof that you had the project of changing codes, etc, plus an ex-colleague willing to vouch, you could well get the debt dismissed, "without prejudice", as a gesture of goodwill. But please go to see someone about it.

You owe the money and need to pay it back. Offer them £2 a week and then send them 52 predates cheques ( so you won't forget) you can't win and you will just end up paying loads extra to the debt collector.

Then sleep easy.

Btw I once had this happen and I did pay it back slowwwwwly.

I know, when I think of the spiral of events that happened after it, it amkes me quite angry. I'm a completely different person now, I completely lost all confidence and still have stomach problems, panic attacks etc. although no where near as severe.

I'm going to have to have a search of some lone unopened drawers. I'm hoping I still have it. Plus there would be emails somewhere with regard to the other stuff, as my email account has been left 'untouched' and is an outlook one, I doubt they'd have bothered deleting any of it.

If I pay at £1 a month I would have it for my entire life just wish it hadn't come at such a massive time of stress!

But apparently some think thats VU of me.

I know fallulah

Don't give a shiney shite though bring it on as I'll just be sat laughing

Mothergothel1111

Even if I wanted to pay it back quickly I couldn't lol!
The predated cheques is a good idea. I was going to do a standing order but that's a good idea.

I think your being a tad dramatic about it all ( sorry) just pay it back very slowly and move on, life is too short.

balenciaga

I do wonder at some people on here My current job involved working with some people with very interesting pasts, and I can only wonder what these people would do if they ever conversed with one of them

It's £1,045 - a months pay. I know from working there that they generally don't use 'heavy handed' debt collectors but my Mum will panic if anyone calls and will NEVER remember to say she doesn't know where I am or lie, she's absolutely awful with anything like that and it'll stress her out :s

I took that to mean that you would want ideally want her to do either of those things - apologies if I misunderstood, but I don't see what would stress her about about giving them your current address and letting you deal with it.

And if you unilaterally decided to stop paying the initial amount that you agreed, then you can't really be surprised that they are chasing you - if you had spoken to them about it you might have been able to agree more favourable repayment schedule, but people don't like to make allowances for debtors who are on their third attempt of getting out of paying what they owe.

Either way, I can understand why you are upset, but you thinking they should write it off won't make it happen. Whether they are bastards or not, you are not entitled to over a grand for the misunderstanding about whether they were keeping you on. It may feel unfair, but it really isn't, particularly given that it's a university and so unlikely to be making huge profits from which they can write off £1k.

Yanbu, I feel for you. It is bloody awful when something like this happens. Unfortunately you will have to pay it back or suffer the consequences but it is an almight pain in the arse I agree.

Mothergothel1111

Probably so - it's the worry about them contacting my Mum, the fact we're meant to be starting towards saving for a Mortgage and the fact they've reassigned it and I have never had any dealings with 'the law' aside from this issue, combined with my anxiety and the whole reassigning as student debt etc. that's making me feel really stressed about it.