Overpaid - What to do?
Discussion
A friend of mine was over paid two years ago (couple of grand), I assume a mix up due to change of hours / returning from maternity leave? Anyway, she informed HR / Payroll straight away and received confirmation that they were looking into it.
Two years on and she still hasn't heard anything.
Whats the best course of action that might mean she can legally keep the money! Or will this never happen?
Two years on and she still hasn't heard anything.
Whats the best course of action that might mean she can legally keep the money! Or will this never happen?
The fact that she has told them holds her in good stead. However, two years on and still no resolution suggests that both parties have not actually pursued the matter very vigorously.
Has she contacted them at all in the intervening two years since the first notification?
Does she have documentary evidence that she told them?
Has she contacted them at all in the intervening two years since the first notification?
Does she have documentary evidence that she told them?
I wasn't after a moral confirmation, I was after a legal one.
However, I can confirm that we are talking about a massive organization, not a small / med business which will miss the money (hence once been told, they still don't know its gone).
I have no problems with the morals though, their mistake, they were told of their mistake but still did nothing to rectify it
What I was hoping for was some legal time line, i.e after 2, 3, 4 years? The money becomes my friends.
However, I can confirm that we are talking about a massive organization, not a small / med business which will miss the money (hence once been told, they still don't know its gone).
I have no problems with the morals though, their mistake, they were told of their mistake but still did nothing to rectify it
What I was hoping for was some legal time line, i.e after 2, 3, 4 years? The money becomes my friends.
In reality it's highly unlikely that the Employer will chase it. They've probably forgotten all about it. Even if they haven't and its sat in somebody's "in tray" they are going to embarrass themselves if they start chasing it now. Plus two years of HMRC paperwork will ave been filed, too much of a PITA to amend etc etc.
Theoretically they could chase it and even deduct some/all of it from her current pay. This depends on various factors.
If she had felt morally obligated then I suppose she would have reminded them more proactively when the overpayment happened.
Theoretically they could chase it and even deduct some/all of it from her current pay. This depends on various factors.
If she had felt morally obligated then I suppose she would have reminded them more proactively when the overpayment happened.
Dr Murdoch said:
However, I can confirm that we are talking about a massive organization, not a small / med business which will miss the money (hence once been told, they still don't know its gone).
My heart sinks when I read this kind of thing on Pistonheads. It is rather like that other thread from a couple of weeks ago when someone was hoping they could get away with keeping money paid to them in error which didn't belong to them.
In this case your friend is working for a company when one of the company's employees makes an error by overpaying your friend and then not reclaiming when notified in a timely manner. Then to compound it, your friend sounds like they have sat on their hands for two years waiting for some version of a statute of limitation to apply so they can keep it?
I'm afraid I don't know the answer to the question, but I know what the right thing to do would be...
Dr Murdoch said:
I have no problems with the morals though, their mistake, they were told of their mistake but still did nothing to rectify it
What I was hoping for was some legal time line, i.e after 2, 3, 4 years? The money becomes my friends.
What action to you expect them to take exactly? Send the heavies to your home to demand repayment?What I was hoping for was some legal time line, i.e after 2, 3, 4 years? The money becomes my friends.
She has the money and she has the responsibility to repay it.
But given you both appear to have no morals, the employer has 6 years to bring a money claim to Court.
^^^
If above is true then OP I would suggest that once a year for 6 years she reminds them and asks what action they would like to take to have it repaid. After that, if they still have done nothing/not requested a cheque then I would forget about it without feeling bad (I think, never been in such a situation).
If above is true then OP I would suggest that once a year for 6 years she reminds them and asks what action they would like to take to have it repaid. After that, if they still have done nothing/not requested a cheque then I would forget about it without feeling bad (I think, never been in such a situation).
Countdown said:
In reality it's highly unlikely that the Employer will chase it. They've probably forgotten all about it. Even if they haven't and its sat in somebody's "in tray" they are going to embarrass themselves if they start chasing it now. Plus two years of HMRC paperwork will ave been filed, too much of a PITA to amend etc etc.
Theoretically they could chase it and even deduct some/all of it from her current pay. This depends on various factors.
There's a thread on MSE about someone who left a firm described as "large" four years previously and they suddenly chased her for £150.Theoretically they could chase it and even deduct some/all of it from her current pay. This depends on various factors.
Sheepshanks said:
There's a thread on MSE about someone who left a firm described as "large" four years previously and they suddenly chased her for £150.
The employer's possibly not thinking things through. If the leaver decides not to repay there is the cost of legal proceedings. The Employer would have to jump through several hoops to prove that they were entitled to the repayment. If the gross overpayment was £150 then the net overpayment could have been less than £100. And IF the employer is succesful at Court they would have to submit amended HMRC returns for the year the overpayment occurred. It would probably end up costing them more than the amount they recover.Gassing Station | Finance | Top of Page | What's New | My Stuff