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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47881
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been overpaid by 3 months after leaving my last job

Resolved Question:

I have been overpaid by 3 months after leaving my last job in the NHS and starting a new job on January 1st this year , I told my old manager and held on to the money. Then I received a final wage slip showing a zero balance ( +4177.61 and - 4177.61 net pay 00.00) Thinking this was the end of the matter I spent the cash on sorting out things, the car, the garden a treat for the wife ( she is disabled) and thought no more of it, and just received a demand to repay the whole lot in one go or be taken to court by Sept 28 2014.
I have contacted the NHS debt collection team to try and sort this out and negotiate repayment terms and not got any where much, so my question is
1/ would it be worth trying to claim the defence of estoppel
2/ do they have the right to demand to see my wage details from my current job and ask for my income and expenditure details
any help you can give would be appreciated
regards
Philip Price
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.

Ben Jones :

How much were you overpaid please?

Customer:

Hello Ben,

Customer:

I was paid £3,276.51

Ben Jones :

OK thank you, ***** ***** it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this afternoon. There is no need to wait and you will receive an email when I have responded. Thank you

Ben Jones :

Many thanks for your patience. You may indeed try and rely on the defence of estoppel and you have nothing to lose at this stage by raising this with them as a defence. Of course they could try and refuse to accept this is the case but then it would be for them to try and take you to court to pursue you for that money and prove that it was something you owed. You would then again be able to raise this as a defence but then it would be for the court to decide whether it is a valid argument in your circumstances.

As to their request to see your current wage slips, then there is nothing stopping them from asking, but you are not obliged to disclose them and they cannot force you to. This could only become an issue if this goes to court and as part of that claims process these documents are considered relevant evidence to that claim. You would then potentially be required to disclose them as part of the documents exchange process where each party is obliged to submit documents which are relevant to the case. This is unlikely to be relevant at the beginning of the process and is only going to become relevant if they win their case and then the court has to consider any repayment options. In that case they may wish to see your current financial position to determine what is a fair and reasonable repayment method in case you have to repay your employer.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

Hi Ben,

Customer:

thank you for your answer it seems that the only real course of action that I sensibly have is to submit my income/expenses and see if they come back with an amount that I am happy to or feel I can afford to pay as it seems that I have no choice as far as they are concerned, as to what I can pay to settle the debt. Is there anything I can use to argue my side of the case with them as is seems that they are not willing to listen or even try negotiation with me and just want to court

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