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Aside from whether or not you should pay it back, are you legally entitled to do so?
but are you legally entitled to keep it?
but they would have six years to get the money back from you (potentially). After that point, it would be time-barred under the Limitations Act 1980.
See, I do serious help as well as puns!
but the crux of it is that for a certain period of time you are obliged to pay it back so either a) volunteer it back now or b) hang on to it, possibly in a high interest account if you can be bothered, for however long that period is.
I got a tax rebate the other day. 89 big ones. Gone already.
In a minority of cases, the employer may not be able to legally reclaim an overpayment where:-
•s/he gave the impression that the payment was correct; and
•the employee could not have reasonably realised that there had been an overpayment; and
•the employee has 'changed her/his position' as a result of receiving the money. For example, s/he may have made financial commitments that s/he otherwise wouldn t have made, so that if s/he were forced to pay the money back, s/he would be in a worse position than if the overpayment had not been made.
^this was copied from our advisernet stuff - I'm not really an employment expert though!
I'm actually not sure if any of those apply, although the third might have. The money was spent in unemployment.
best bet: keep quiet and wait for them to contact you. Many employers will just write stuff like this off.
then when they sent a letter asking for it, I wrote 'not known at this address' on the back and returned it. They gave up straight away. It was only 400 quid, but I hated the company and had already spent it.
Doesn't seem worth their while. The biggest worry is whether the agency are able to slap on a huge fee.
if they're that fussed about it, I'd just pay it. Would it change your credit rating if you don't?
it seemed too small an amount to go to any trouble over other than a few letters.
They kept paying me for 2 months so i told them and they were like 'pay it back' and i was like 'in my own time bitches'. Anyways, i sent them a letter and a cheque for the amount i was overpaid minus some expenses they'd refused to pay me, and an amount for 'my time'. Suckers had no answers so i made a net £40 profit from them.
You are under no obligation to pay it all back at once.
When I was 16 Somerfield overpaid me £700 though they were crap and asked me for £1800. I knew they paid me cash in hand for my first month so I wrote to them asking for payslips for my entire employment.
The next letter I got back said "We have checked and actually you don't owe us anything BYE!"
To whom shall I turn for legal advice? Surely it cannot be this office marked 'citizens advice'..ah, methinks I shall turn to that website of dandies known as 'drowned in sound'...presumably the 'sound' is short for 'sound and reliable legal advice'.
they just type stuff into google for you.
and yeah, sometimes clients will ask questions that they could have googled themselves. but some stuff needs more in-depth exploration (which we also do).
also, not everything you google is sound and reliable legal advice, especially in the area of debt (where "advice" is given by fee-charging debt managmeent companies who have a vested interest in getting your business).
^thinly-veiled "please don't withdraw our funding!" post
I actually feel a bit guilty about what i said above then, you seem like you'd be bang on with sound advice and quite dedicated too.
but on the other hand i work a hell of a lot of unpaid overtime. So balancing one off against the other - yeah i'm pretty dedicated!
oh and i see that you're being pursued by debt collectors re: this debt. I think at this stage you either need to have a really strong reason not to pay (in which case, seek legal advice before standing your ground) or you should pay up. Or a massively cavalier attitude towards your own credit rating. If you can't pay the whole lot in one go, you can usually negotiate with them to pay a certain amount per month.
which is why I'm a bit sketchy on some of the details, although I can't say that I definitely wouldn't have done the same.
Do you know if they can add an extortionate fee and/or just turn up and take stuff? I think that things are different in England on these matters.