Work chasing me for salary overpayment

[Motorina]

I left a salaried role for the NHS back in the autumn. A couple of months later, I got a random letter from SBS, which appears to be payroll, saying they'd overpaid me. They gave no breakdown at all and no method of payment.

I spent some time trying to go to and fro with them and, mid-March, eventually got payment details. I repaid the money in full within hours.

Since then, I've got endless letters from them chasing the money. I've replied repeatedly by email saying I've paid it. They don't answer me - just send another letter. It appears to be with a collection agency. They're threatening to take me to court.

I can't get through to them on the phone.

I don't know what to do and the stress is driving me to tears.

Help?

You have evidence you've paid which is good, by SBS do you mean Shared Business Services?

Yes. I have an email from someone in accounts confirming the money has been received. I also have it on my bank statement, of course.

I'm wanting to take out a mortgage in the next year and I'm assuming this will be crashing my credit rating.

I just feel sick.

SBS is Shared Business Services.

I assume, as above, that SBS is Shared Business Services who might reasonably provide payroll for NHS staff.

If you're sure you've paid all your owe in full then I'd write, recorded delivery, to the collection agency copying in any relevant letters and proof of payment. Tell them that, should they take court proceedings, you'll defend the case on the basis that you've paid already. Further, if they do summons you, your expect them to meet any costs of your defence on an indemnity basis as there's no need for you to be pursued.

Then wait and see.

Keep an eye on your credit rating using Experian etc. I'm not sure that a claim for an unproven allegation has much effect there; it's quite different to where you've missed payments under, say, a Credit Card agreement.

If there is any 'black mark' relating to this issue then enter a notice of correction and ask them to remove their entry forthwith.

Did they also fix the tax and ni?

Vital to do if they paid you what payslips said.

They’ve told me the tax and NI on my p60 are right because they calculate those later. They have adjusted the overpayment amount for tax/ni.

@Bromptotoo thank you - that’s really helpful. I’ll do that.

It would be a p45 you got when you left?

Did that match the amount on last payslip?

If yes, then how did they correct it later?

p45 sorry. Yes it did. And, no, that makes no sense to me either. I just gave up fighting it in the end.

If the repayment was net jf tax and ni you are probably okay in terms of not overpaying tax.

Assuming you don't do a tax return or a higher rate tax payer, when it's more important to have proper records or your correct income for the year.

I do do a tax return (part employed/part self employed) and I am a higher rate tax payer. I've let my accountant know. I'm not sure there's much more I can do about that bit.

www.sbs.nhs.uk/article/16358/NHS-Shared-Business-Services-appoints-new-Managing-Director

Have you tried writing to their managing director OP, concisely explaining what happened and the stress it's cussing you? You could also try tweeting them.

I'm just so upset and angry about it all. I left that role (after best part of two decades progressing up) because commissioning changes meant my role was no longer needed, but it was cheaper to bully me out than pay my redundancy. I could and should have taken them to a tribunal, but I decided in the end a clean break was better for my mental health.

Now we're not far off a year since I gave my notice and they're still reducing me to tears and anxiety. With hindsight, I would have pursued the claim - it was very clear and I had all the email evidence, but just decided it wasn't worth the stress.

SBS are notorious fuckwits. Write to the Chief Executive of the NHS organisation that employed you, cc-ing the MD of SBS.

As @MissLucyEyelesbarrow said but also cc in the chief finance officer.

Don’t worry about your credit history. You don’t have a credit agreement with them so they any damage it.

Email sent. Thank you.

@19lottie82 thank you, that's really helpful. I don't do debt, so I have no experience of being chased like this, and it's horrible.

You can check your credit file (do it with all 3 major CRAs- experian, equifax and transunion) - if the NHS is chasing you it's very very unlikely to be affecting your credit score. If it somehow is (because it's been sold to a collections company), you can raise a dispute about an item on your credit file, and/or put a notice of correction on your file which would be seen by lenders and explain the situation.

I've just now had a reply from the Chief Exec saying he'll get someone onto SBS tomorrow to sort it. Blimey!

Thank you @MissLucyEyelesbarrow for the suggestion - i was in a state of tearful panic and would not have thought of it.

So glad it helped.

@Motorina so sorry you are going through this. I went through the same situation last Autumn too. They forgot to issue my p45 and ended up threatened by bailiffs, despite me notifying them within 24 hours of the over payment and repaying in full.

First things first, if you have an accountant I would make then work through every payslip etc from the past 12 months and make sure all the numbers stack up. Go back to before you left the role so they can track payments before your end date as a benchmark.

Get them to confirm you have paid back the correct amount. And send this plus any proof of payments, and emails showing you have been willing to repay, through to the SBS. State very clearly that you have been attempting to resolve the issue in good faith as per your contract with them and that they are now breaking the terms of any historical contract you have had with them.

If by any chance you still owe them money offer it back on a repayment schedule that suits you (again in your contract so they should honour this).

Tell them this is causing you significant distress and anxiety and that they need to stand down their credit agency and you expect a written response within 5 working days to confirm they have agreed to do this (and any potential repayment schedule).

In the meantime speak to Citizens Advice and see what legal help you can access if needed.

This is not okay. And I completely understand why you are so distressed. Having gone through it and had to work through all the mess and tax implications it was horrendous.

Keep us posted and good luck. Will be thinking of you

Ah just saw you have had a response from CEO. Fingers crossed that resolves it. Depending on how efficient the SBS team are don't be surprised if there is another loop round on this...my contact stonewalled me for months and was very aggressive...

@Thingamebobwotsit thankyou for this, and I'm sorry they've put you through the ringer, too.

At this point I wouldn't trust SBS to find their own arse with both hands tied behind their back, so I will not be surprised at all if this drags on. Stonewalling and aggression has been exactly my experience.

This is typical of the NHS. It happened to me and to a colleague. It was ridiculous as both of us were funded by a cancer charity to assist with research. We weren't even paid by the NHS, the charity sent the agreed funding every month. Sheer incompetence. The bullying and harassment was shocking.

I've had an update. Apparently the overpayments team agree it's settled, but haven't told the debts management team. I am assured that has now been done.

Given that this started because noone told the payments team I was leaving in the first place...

Yeah, colour me not impressed with SBS.