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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

WWYD - Money paid in error?

58 replies

Meeeeeeep · 30/08/2015 17:38

Long story short. Ex employer treated me very poorly. Discrimination, bullying, unlawful deductions from wages. Raised a grievance some were upheld some weren't. Appealed, yet to hear the final outcome.

They have paid me money and sent me a wage slip saying it reflects some monies that were unpaid. They had already reimbursed me for unlawful deductions and it is looking likely that they have paid me this money twice in error.

The problem is, I was expecting money into my account the day this was paid and I have used it to pay nursery fees. As it has materialised the money I was expecting didn't come in and what had actually come in was this payment.

What do I do? Do I contact them and tell them I realised once it had been used that it may have been paid in error and offer some kind of payment plan? Do I wait and see if they notice and contact me? I personally was going to go with the first but 3 other people (who are normally very honest people) have said basically fuck them. Leave them to sort it out.

OP posts:
Original poster
Meeeeeeep · 30/08/2015 20:26

Given the circumstances under which I left I blocked both the numbers. I did not wish to speak to either of them ever again. i had a job secured and knew I didn't need them for a reference so I would expect any communication to be written which is good as it means my response to them will be in writing.

OP posts:
Oysterbabe · 30/08/2015 20:31

Wait until you get the other payment you are expecting then contact them and pay it back. Once you realised you've had money in error keeping it is theft.

Original poster
Meeeeeeep · 30/08/2015 21:35

I don't think it's actually legally classed as theft.

Retaining wrongful credit maybe but not theft since I didn't steal it. It was possibly paid in error, and then spent in error.

I will hopefully receive the original payment on Tuesday. I've gone 8 weeks before when they have recalculated my claims without a payment so I'm hoping it won't take that long!

OP posts:
Original poster
Meeeeeeep · 30/08/2015 22:48

I have sent a message tonight. I don't want this hanging over me, I have a bit of a sick feeling thinking about it so I think it's best to be upfront now and sort it out.

OP posts:
LazyLohan · 30/08/2015 22:52

I would tell them. I've done a bit of payroll in the past and they will notice at some point when some reconciling is done.

Plus might this go to a tribunal or to court? If so they might hold it against you and use it as bad character etc.

LazyLohan · 30/08/2015 22:53

X post. Glad you've done that, if you were worrying about them demanding it back it wouldn't be worth the stress.

AugustDay · 30/08/2015 23:07

I think you have done the right thing. Hope everything is sorted out quickly.

vulgarbunting · 30/08/2015 23:14

They are adults, it's their mistake, let them realise what has happened themselves. Don't go to them.

This happens all the time in big corporates. Sometimes it's recovered. A lot of the time it's not. I genuinely wouldn't worry about it. I highly doubt they will come looking for it.

In addition, are you sure it's not for something like holiday not taken?

Original poster
Meeeeeeep · 30/08/2015 23:18

I'm still worried as I dont actually have the money at present but at least this way I have been upfront.

OP posts:
Original poster
Meeeeeeep · 30/08/2015 23:20

It's a very small company. I've checked again tonight and believe it to be an overpayment if not then that's great!

OP posts:
BadLad · 30/08/2015 23:25

I run a small company and if we did this, the fact that you were honest enough to let us know would mean that I would be very willing to work out a payment plan in installments if necessary. I hope the company will.

Inertia · 30/08/2015 23:28

I don't really understand how you can tell that it's been paid in error if they've sent you a wage slip for it? Just wondering whether a way forward is to ask them for a detailed breakdown of all payments made to you from x date, as you are uncertain whether the payments are correct. It might be that you have holidays owed to you, for example.

Oysterbabe · 30/08/2015 23:39

Actually it is theft. I remember reading about it when I did my law degree. Well actually it's called 'retaining wrongful credit' but it's covered in the Theft Act 1968.
Return it, it's not worth it.

Junosmum · 31/08/2015 00:48

Legally they have 6 years to claim it back off you. In 6 years if they haven't, it's yours.

Put it in a high interest savings account, make some money on it but don't spend it and expecting them to ask for it back, probably between January and June next year.

nocoolnamesleft · 31/08/2015 00:58

The usual thing is to state that paying it all in one go would cause hardship, and then agree a schedule.

(Working for the NHS, my pay has been cocked up more times than I can remember, so on one occasion I actually sought advice...)

AnotherTimeMaybe · 31/08/2015 01:09

What would you do if they hadn't paid you double? How would you pay the nursery?

Nevertheless it's within their right to demand the money , happened to me where a bonus was paid twice and by the time we both realised it they took the money back and to a friend who was given 17K from Scottish widows out of nowhere (they asked it back but he works for a bank do he knew what to do !)

Bogeyface · 31/08/2015 01:14

What would you do if they hadn't paid you double? How would you pay the nursery?

She already said that she was planning on using her credit card.

LazyLohan · 31/08/2015 01:28

They will have to take it back off you in instalments. It was their fuck up and you've contacted them so they can't call it theft. If they demand it all in one go and you can't pay it and they say that's all they'd take, they'd have to take a civil action to get it back. Instalments would be quicker and less expensive for them so they will take it.

AnotherTimeMaybe · 31/08/2015 04:40

She already said that she was planning on using her credit card.
Ah ok i missed that one. Well she will have to use CC to pay them back then

MummaGiles · 31/08/2015 06:45

It is unjust enrichment and a crime to keep it if you know it's not your money to keep. Once you've had the other payment and are in a position to pay it back, contact them.

Original poster
Meeeeeeep · 31/08/2015 07:31

Another time. I cannot use my ccredit to pay them back. I cant balance transfer to current account and they do not have the facilities to take a credit card payment.

Not heard anything back yet. Strange as I know it has been read. Will wait and see what happens today.

OP posts:
Lweji · 31/08/2015 07:51

How was the message you sent them?
Did you ask to clarify the amount received or did you tell them it was in error?
You sound very anxious and perhaps it wasn't an error? And if you have just received it, couldn't you wait a few days to tell them? Just enough for your other payment to clear?
Anyway, I'd expect at the very least a decent period to demand it back. Most bills come with a few weeks deadline to be paid and it would be unreasonable to expect an immediate repayment regardless of whether you spent it or not.

AnUtterIdiot · 31/08/2015 08:03

This reply has been deleted

Message withdrawn at poster's request.

NotMeNotYouNotAnyone · 31/08/2015 11:29

You sound anxious and people suggesting you plan to keep it isn't helping.

Your honesty will work in your favour and make them more likely to accept whatsver way of repaying is best for you.

I got someone else's £100 overtime bonus in my pay once, it was on my payslip and everything. Phoned immediately to sort it, they already knew who it should've gone to, presumably they had been in touch as well. The only bit that annoyed me was they wouldn't let me give them a cheque for it, they had to deduct it from my pay the following month. As someone living to my last penny (I was worse then, am slightly better at planning for these things now), it was very stressful!

Please don't worry op, you're doing the right thing by telling them, if it does turn out to be extra money you're entitled to then brilliant!

bbcessex · 31/08/2015 12:41

Meeeeeep You have done all you can.. please don't stress about this any more.

When they get back to you, just tell them that your bank account is overdrawn; this money has gone in to the overdraft and your bank will not let you withdraw it any more funds but you will transfer it back to them on XYZ date.