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!

OP, not really sure why you posted as you clearly think you are in the right anyway.

Legally you don't have a leg to stand on.

Morally you don't have a leg to stand on.

Tangerinefairy

Thanks for answering the actual question - hehe.

Any minute you'll get "if you're so sure you're not being unreasonable WHY DID YOU POST?'

Bearbehind

Learn these words - 'In my opinion'.

You can't speak morally for everyone else, and indeed, as shown here - you don't!

I find it amusing that you're wondering why I posted here when I have NO IDEA why you keep bothering, except that you obviously MUST HAVE the last word. I won't bother replying again, you have a serious chip.

Bear beat me to it.

Legally I agree.

Morally the company are in the wrong. Morals are subjective.

whynowblowwind

Too late!^

As soon as I saw the title I knew there would be goggled definitions of theft inside, just waiting for the usual thing about people who nicked a glass from the pub being criminals. The op has had a ridiculously hard time but for once has stood up for herself and not ended up lowering herself to their level.

I wouldn't repay it voluntarily.

Just to clear up - it does actually matter if they assign it as civil debt or not. And actually, they aren't supposed to if there isn't a clause in the contract.

This is probably why they've reassigned the debt as student debt.

I know fallulah

The phrase " they Live in a dream world" springs to mind

Theodorous

I feel like I've asked if it's ok to nick a granny's purse.

I mean for once an op not this one. It sounds like I was saying that this op is a bun fighter and not at all. I am in awe of their bravery.

Or maybe take pocket money from a puppy

Oops poor DP is waiting patiently for me to do dinner, and has been for the last hour... must be off.

I've nicked glasses from the pub, I also have debt.

Both my own decision and any and all consequences will be of my own making.

The world owes you fuck all.

How will the puppy buy his penny sweets?! I'm a horrible human being.

Fill your boots OP.

Personally I couldn't live with the fact that I'd knowingly accepted a payment that wasn't due to me and that the company paying it had realised their error and tried to claim it back.

You never know who you'll come across in future work or business situations.......

I feel for you too - you have clearly had a dreadful couple of years. Personally I would suggest taking this new job as a chance to turn it all around - pay back the bare minimum and eventually the debt will be cleared and you can have a clear conscience.

I think you need to try and get closure - would paying the debt help achieve that? You are clearly still very bitter. A verbal conversation about the job is absolutely not a legal contract - in fact even written job offers can be retracted in certain circumstances. This happened in my previous work, which was a very high profile public body - and they were able to retract several job offers as the public body was - umm not sure of the right words - but basically suspended for several years. However I am far from an expert.

I had a horrible experience in a job many years ago, and got great satisfaction and 'closure' when the bosses were exposed publicly as fraudsters - there was a whole documentary on it. I wish you could find a way to move on like I was able to.

OP, I started paying off an £18,000 debt at £1 a month. I was going to have to break all known records of longevity to see that paid off in my lifetime at that rate . But my work and financial situation changed for the better and I was able to increase my payments quite substantially, then they offered me the opportunity to settle it with a one-off payment which was a huge reduction on the original balance. So never say never.

The point I was making about the verbal contract being "irrelevant" and "separate" is because looking at the timeline, by the time you received the overpayment you knew you didn't have a job with them. You said yourself that you assumed it was either pay in lieu of notice or your last month's pay in arrears.

I appreciate you decided not to pursue a breach of contract claim, but the fact is that option was available to you, you knew it was an option and you chose for whatever reason, not to take advantage of it. Now it may or may not have a bearing on what happens next but unfortunately you don't get to change the rules to say "well, I didn't make life difficult for you over the verbal contract so as a reward to me I'm not going to repay this debt".

Doing nothing isn't an option. You either repay the debt, in whatever way is most affordable for you, or you take legal advice to establish whether you can dispute it.

If you are thinking about mortgages you need to sort this out as you may find that this has a detrimental result on your credit rating.

How you feel about this is irrelevant.

How the fuck do you sleep at night, OP?

As others have said, you do have to pay the money back.

The initial scenario sounds quite strange, though, they 'gave' you her job? But it wasn't permanent. And you had started as an intern?

So the two years unemployment that followed, as awful as it sounds for you - you never had a permanent job in the first place.

As someone who has been made redundant from a permanent job - this can be the reality of the working world, unfortunately. You can't just keep a thousand pounds you that wasn't owed to you because you ended up unemployed.

getting worked up about it will not help you now. Pay them the £1 a week and see it as a very long term loan.

I got het up with a student loans repayment once and caused myself a whole heap of stress and time. It's just not worth it.

Change your address and save your mother the stress.

Oh, just seen the verbal contract stuff.

I don't know anything about that.

I do know that you could have been made redundant and ended up unemployed for 2 years though, so I don't see the necessary connection between them you not having a job and you being able to keep the money.

Two entirely separate issues and isn't it unlikely that whoever in the Uni is responsible for chasing debts has no idea about what your situation was when you were there? As you say, they're just chasing outstanding debts.

I think you need to see the two things separately and should have left all the stuff out about verbal contracts and christmas dinners.

You asked if it was unreasonable to expect them to let the debt go. My answer is yes, it is unreasonable.