Overpayment from old employment

[Andbabymakesthree]

Following not returning from a career break I was paid by previous employer as line manager and HR didn't process that I wouldn't be returning in a timely manner.

I was paid and notified my line manager immediately. 3 months later I had a letter asking for repayment. I said I would write and appeal as didn't like the tone of the man on the phone who was threatening debt collectors (I have no debt whatsoever so this really annoyed me).

An operation for me and daughters hospital admission all took priority and I never got round to it. I've now received another letter saying appeal or pay.

I will now appeal on the basis of financial hardship. I have had my tax credits renewal through. There is an amount showing on there as employed income. Its more than what they paid into account bit I now realise I paid tax , no, union and sports and social sub from that months wage. So basically I'm due a tac rebate too.

However the truth is I feel financially penalised twice. They are expecting me to pay back the money and it will be taken into account when working out tax credits. I could also in theory receive a fine for not reporting it within 30 days I've since realised. Btw I was planning on declaring it as other income on tax return but now they are doing real time downloads I think it'll have to stay as earned income.

Any advice on wording this appeal. I'm really annoyed I've been put into this situation by their incompetence - I've seen found out that this is a really common occurrence.

Look - lets get practical here. You're going to have to pay it. If you're really stuck for now, yes, go for the appeal, but use the fact that you've just not got it, you may get longer consideration than just saying that you didn't like the man. Yes, they can go to court and they can instruct debt collectors before that. You don't want to get on their books. Be nice, be reasonable, if/when the appeal fails they may come back with a payment agreement. If not, speak to them immediately with one. And make it a realistic one or they won't entertain it. Keep them informed at all costs. As I said - you do not want this to go to debt collectors.

It was not yours and choices equal consequences.

You say you didn't like his tone well I bet he didn't like it when you had the nerve to ask about legal recourse!!

They cannot simply send a bailiff round. They will need to take you to court first. This will cost you more money but you can appeal though not sure what grounds if I am being honest or you can get mediation where you may get the chance of a reduced figure or you can put your hands up say yes I owe this money butility need a payment plan. Then you can sort that out through the court though incurring a ccj for your troubles

They can't and won't send debt collectors. Rightly or wrongly you've spent it, come up with an affordable payment plan and pay it back.
You can't reissue a p45 or a p60 , however and adjustment can be made by hmrc and a letter from your ex employer to confirm should be enough for tax credits.

That was very dignified tigger. I'm surprised when posters are so rude at people taking the time to answer their questions.

The tax credit implication is £241, incidentally. So once you've paid back the £600, you can get HMRC notified and they can adjust the tax credit claim. That means you'll actually only be £359 down.