Overpayment from work

[partyof52010]

I went on maternity in Dec09. In Jan 10 I got a letter from my (very large) employer saying it had overpaid me by £1000 in the last 12 months. I contacted them and said I was on MA (don't work many hours) and they said they would defer re-payment until I went back.

I then contacted them in June10 to say that I wouldn't be going back to work, so could I please arrange re-payment. No-one contacted me so 3 weeks later I tried again and was told that when I handed my written notice in I would be contacted about it then.

Sept10 I handed my written notice in, and I recieved a leavers checklist to complete. On there it said 'any monies owed by employee as a result of overpayment' and my line manager had written no, and signed the form. I assumed it had therefore been deducted from my final salary so I signed the form and sent it back (took a photocopy)

So yesterday I recieve a letter for a legal company demanding that I re-pay the overpayment within 7 days or legal action will be taken.

Where do I stand with this?

did you really assume and not know if £1000 had been deducted??? go and see CAB or phone the company and ask to set up a monthly standing order to repay

They are not bound by a mistake. If you still owe it, you have to pay it. If you're not satisfied you were overpaid you can ask for a full breakdown. As they were prepared to deduct it over time if you returned to work it sounds as if they'd accept a payment in instalments.

Yes I just assumed because I never worked in any kind of office, I was out and about. I also worked irregular hours so some weeks it'd be nothing, other it'd be 16 hrs etc. On my final checklist it said I had 12 days annual leave accrued, but my final salary was nil so I just assumed that everything had sorted itself.

To be honest I have been lax in not checking thoroughly enough, but when that form arrived I just thought that was the end of it. DH is of the opinion that if they've signed the form then they have no right to re-claim the money, but I don't think thats the case.

You are entitled to a full breakdown though. That 12 days annual leave should leave you with some entitlement. Remember, annual leave continues to accrue even when you're on maternity leave.

Thanks Resolution, will try and contact them and ask.

I was in a similar position and had to repay the money. Its a bit ingenuous to say you noted your manager had written 'no' re the overpayments. You should have pointed out the mistake then and there. I must admit I was very tempted to not mention their mistake (they hadnt mentioned it!) but I am aware it is legally theft, so I coughed up!