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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I left my former employment 11 months ago and few

Resolved Question:

Hi,
I left my former employment 11 months ago and for a few months they carried on paying me.
I have had a letter today asking for the money back by the 25th of July. The amount is approximately£7,000.
I know I should have said something, but I didn't and after all this time I had forgotten.
Is there anything I can do about this and can they ask for it back after all this time?
Thank you in anticipation.
ShirleyTivey
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today.
Did you realise you were being overpaid at the time? Have you spent the money?
Customer: replied 1 year ago.

Hi Jenny

No I didn't realise I was being overpaid, I rarely check my bank statements. They also attached copies of the pay slips which I have no recollection of getting.

Yes, i spent the money in my account thinking that if I purchased something and my card was declined, then that is my fault for overspending.

Expert:  Jenny replied 1 year ago.
Hi the law on overpayment is quite clear.
Normally overpayments are repayable and you can be asked to repay the full amount. The employer should be reasonable in agreeing affordable repayment terms.
You can argue that you are not legally obliged to repay an overpayment on the grounds of ESTOPPEL, this is where you can argue that you did not know you had been overpaid and have spent the money.
You can tell your employer that this is the case and that you will use this defence if they claim the money back.
Hopefully they will then decide not to.
If they do not then you will have to convince the court that you were not aware of the overpayment and spent the money in good faith.
If you have any follow on 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.
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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