Overpaid - What to do?

Overpaid - What to do?

Author
Discussion

Dr Murdoch

Original Poster:

3,441 posts

135 months

Thursday 29th January 2015
quotequote all
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?


Eric Mc

121,942 posts

265 months

Thursday 29th January 2015
quotequote all
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?

PurpleMoonlight

22,362 posts

157 months

Thursday 29th January 2015
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Dr Murdoch said:
Whats the best course of action that might mean she can legally keep the money!
Do a runner to Panama?

Gees, where has honesty and integrity gone?

Here's an idea. She gets out her cheque book, writes one out to her employer and gives it to them.

Sheepshanks

32,718 posts

119 months

Thursday 29th January 2015
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Most people would have forgotten about it after 2yrs - if it's playing on her mind she should give it back.

KTF

9,803 posts

150 months

Thursday 29th January 2015
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Just me who would keep my mouth shut then...

Patch1875

4,894 posts

132 months

Thursday 29th January 2015
quotequote all
KTF said:
Just me who would keep my mouth shut then...
Nope!

Simpo Two

85,349 posts

265 months

Thursday 29th January 2015
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'Don't give the equine present a damning dental examination...'

Dr Murdoch

Original Poster:

3,441 posts

135 months

Thursday 29th January 2015
quotequote all
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.

Countdown

39,817 posts

196 months

Thursday 29th January 2015
quotequote all
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.

Countdown

39,817 posts

196 months

Thursday 29th January 2015
quotequote all
Dr Murdoch said:
Whats the best course of action that might mean she can legally keep the money!
If her original desire was to repay the money why has this changed? I.e. it seems from your question that she wants to make sure they can't get it back......

EddieSteadyGo

11,871 posts

203 months

Thursday 29th January 2015
quotequote all
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...



PurpleMoonlight

22,362 posts

157 months

Friday 30th January 2015
quotequote all
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?

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.

Esseesse

8,969 posts

208 months

Friday 30th January 2015
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^^^

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).

Sheepshanks

32,718 posts

119 months

Friday 30th January 2015
quotequote all
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.

Office_Monkey

1,967 posts

209 months

Friday 30th January 2015
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Something happened to me a few years back - just repaid it the same month to avoid hassle later on, I wouldn't have left it 2 years!

blindswelledrat

25,257 posts

232 months

Friday 30th January 2015
quotequote all
Simpo Two said:
'Don't give the equine present a damning dental examination...'
>cringe<

Countdown

39,817 posts

196 months

Friday 30th January 2015
quotequote all
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.

bluenosewrx

391 posts

115 months

Friday 30th January 2015
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Get it spent!!!f she has already just forget it.

PurpleMoonlight

22,362 posts

157 months

Friday 30th January 2015
quotequote all
bluenosewrx said:
Get it spent!!!f she has already just forget it.
You do know that to intentionally keep money that you know not to be yours is an offence under the Theft Act, don't you?

Claudia Skies

1,098 posts

116 months

Sunday 1st February 2015
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bluenosewrx said:
Get it spent!!!f she has already just forget it.
^^^ Do NOT do this.

Either,
(a) send it back
or
(b) invest it prudently so that if/when they ask for it back you have the cash available.