I told my previous employer they had overpaid me but they said they hadn't. Nearly two years later they want the money back...

[FartleBarfle]

I left my job in July 2019 and believed I was overpaid in my final payslip. I raised it and was told that this was a common occurrence and that they would write to me within months to request it back.

In September 2019, they then paid around £1000 into my bank account, which concerned me as I had received a random payslip from them for a different amount (around £900). I worried they had not taken me off the books and contacted my manager immediately to flag this, asking for my email to be sent to the department that deals with these issues so that they could check as I did not want money in my account that didn't belong to me.

My manager did not pass the email on, instead reassured me that this money was owed to me and they had made this calculation based on holiday days I had not taken. She assured me the balance should be square now and that a final payslip and P45 would follow. I did receive these months later, although the totals didn't make much sense to me. As more time passed and no further contact was made I spent the additional money.

Yesterday, out of the blue, I had a letter from them saying they had made a mistake and demanded £800 be paid into their bank account within 14 days. I am going through consultation for my current role, and even if I secure something will be starting maternity imminently, so my financial situation is dubious. This feels really unfair and I cannot believe they are allowed to do this.

I know the law says that they can come after you for money within 6 years, but I would assume that is to protect them if they had overpaid me and I hadn't said something. I tried to highlight the issue with them immediately and contacted them twice about my concern and they took no action but to assure me it was mine. Why is it my problem that they made a mistake and I now have to pay at a really difficult time in my life.

I have emailed them to make these points and they have offered me a payment plan. I doubt I can do the £1 a week thing that people joke about, but I don't want to give it to them. I just want them to write it off if they hadn't noticed all this time! They are a multi-million dollar global company.

I know about the law of estoppel but I was under the impression it's impossible to prove. Does anyone have any experience of this or advice?

They are a multi-million dollar global company

A tweet up the backside might concentrate minds wonderfully.

Failing that see what the Daily Mail think. Practice a sadface.

I guess my point with that was that it's so insignificant to them which is why they took so long to ratify the mistake. I wouldn't want people to think this is a small family business or something.

They don't miss this money but it will screw me up for months. I'll be on SMP soon which is 150 a week!

When you advised them at the time was that all emails you have proof of and can show you tried your best at the time to resolve or was it just phone calls ? Make a citizens advice appointment asap also

It is all emails and I have forwarded the emails to them explaining this and they just copied and pasted the same response to me asking for the money again (this time removing the part when they said it must be within 2 weeks). They literally didn't acknowledge any points made.

They also explained the delay in contact was due to an issue on their systems.

Okay I will see if CAB can help me. Thank you.

I’d argue estoppel. It’s only once you get to court it’s difficult to prove! I helped my parents in law get a flight refund using estoppel concepts last year (I knew that year studying torts at law school wasn’t wasted...)

I agree you can argue estoppel, and I think they know they are on dodgy ground as they have dropped the 14 day requirement. I would write back and ask them to respond to your questions, also make a subject access request for all correspondence relating to the overpayment.

To evidence estoppel you need emails and letters that confirm what was said/discussed when you queried the payments.

Be aware an employer will always try to recoup an overpayment, even if they know they are on dodgy ground. Writing a few letters costs very little, going to court increases their cost. Continuing to refuse to repay puts the onus in them to lodge a claim.

If they do go to court (I think unlikely) you can then consider if repaying is the better option I.e. least stressful, you thought you had been over paid etc.

At that point, if you decided to, you could offered to repay £5 a week/£20 a month due to being on mat leave. They may agree as all they want is the money back. If they ask for more say you will go to court.

Estoppel is said to be difficult to prove because you have to show that:

• you were led to believe that you were entitled to treat the money as your own

• you have spent the money in good faith, believing it to be your own

• you were not at fault for the overpayment

In your case, if you have the email from your manager stating that the money was owed to you, that covers the first point. The fact that you raised the possibility you had been overpaid covers the third point. And you have clearly spent the money as it is now nearly two years since the overpayment.

That's outrageous. I wonder what's gone on in their organisation for them to have to do this so long afterwards.

@prh47bridge @Margaritatime @KaleJuicer

Thanks those that mentioned estoppel, I believe I spent the money in the end believing it was rightfully mine. I wanted to return the overpayment and proactively reached out for it but they said it was mine. The manager I spoke to made my life so difficult that was the reason I ended up leaving the company. She bullied me using processes like putting me on performance management for strange reasons. My performance before she took over and since I have left has always been in the 'exceeds' category. I didn't actually realise she had bullied me for a while as she convinced me I was bad at my job and I had to have therapy for 18 months after due to a breakdown.

I feel like part of her did this to me knowing trouble would come later. She informed me I should receive a P45 and final payslip soon and the matter would be closed. But she apparently did not forward my email to the team that manages payments like I requested. I received the final payslip and p45 MONTHS later. They payslip had like a total of £180 ish in it but no payment was made. I assumed it was relating to the random payment they paid me in September. Only once I had received these did I spend the money. Also I believed when they overpaid me or was for approx £400 which is what I earned a week after tax, but this payment they want me to return includes tax and NI they paid too. But I was not paid that!

@HollowTalk their explanation to the delay was a joke...

"We would like to apologize for the delay in sending the notification. We have moved into a new system and the recent change made it hard for us to reconcile immediately."

Immediately... But 21 months is a LOOOOONG time!

I am so angry to hear from this place again that made my life so difficult it caused me to have a breakdown. I wish I could send them the bill for my therapy!

I think I'd go right to the top with this one and outline the bullying, too. It's not on - you told them there was an error and they told you there wasn't. Why should you hang onto money that they've insisted is correct? And why should you lose your maternity pay now to pay it back?

I think it’s totally unreasonable - you have to cash a cheque w/in 6 months, there must be a limit - and I’m not sure 6 years applies in this case.

I’d go to citizens advice to check out the legals and then kick up an absolute stink writing to ceo and Pr sections pointing out your situation, etc. Do not deal w the junior staff who are perusing you - go much higher up to people who will see this as ridiculous.

I would also write to the Telegraph money investigator - Katie someone - she’s really good and I bet might take this on. Failing that Daily Mail!

Just read your last post - do also refer to your difficult experience when you right to the high ups, and make it clear you will go to the press - no company wants that publicity. Just make a fuss - it will go away. But don’t talk to the juniors.

Something similar happened to me. I didn't work on a day union members were striking and asked multiple times for the money to be taken out of my payslip. I was reassured it had been and as I wasnt paid the same each month I trusted them. The job made me ill and when I left I asked for confirmation again as I didn't want to think about the place again. A few months later the contacted me out of the blue to tell me I hadn't had the money taken and needed to pay them.
The amount wasn't an issue but I wanted them out of my mind and went to great lengths when I was there to ensure that would happen.