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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6339
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I am a foster parent for Notts County Council. I started in

Resolved Question:

I am a foster parent for Notts County Council. I started in October 1st 2014 My payments were never the same and I called to verify what my allowance should be. It was confirmed
17th they were £700 a week and I recieved a copy of an email from the team leader to accounts to verify this. They have now decided this was wrong and want £1300 back from me at £80 a week which as I only get £366 I cannot afford it. This was not my error and I was very honest about the amount they assured me it was right can they demand it back in such a large weekly amount?
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
taratill :

Hello at the time the over payment was made did you realise it was an overpayment or did you think this was what you were entitled to?

Customer:

I wasnt sure as my the payslip was confusing and I was going on holiday and I thought it might be my holiday pay. As soon as I got the second payment I called them and they then confirmed it was £700 a week. My social worker said at the time it was a lot however she thought it may have been because BJ wet the bed all the time and is a troublesome child. As my aunt gets £700 for one of hers I didnt think too much about it.

taratill :

Ok so I take it you have spent the money and cannot easily repay?

Customer:

Well when they confirmed it was £700 I paid it off my mortgage I thought I was being sensible! I havent got any saving to pay it back.

taratill :

Ok, well I would suggest that you write to them to say that you have taken legal advice and that you believe that the law of estoppel applies in your sitaution. This is where an overpayment is made and the person is unaware of it an spends the money in good faith. You should say that you can demonstrate the good faith by the fact that you queried the payment initially and it was confirmed as correct to you.

Customer:

thank you.

taratill :

This should hopefully put a stop to it. I would copy a letter to the legal department of the council.

taratill :

If you have any further questions please do ask. If i have answered your question i would be grateful if you would take the time to rate my answer. Thank you and all the best.

taratill :

Hello is there anything else you would like to know ?

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