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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3655
Experience:  Solicitors 2 years plus PQE
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Overpayment of wages after retirement when the company was

Resolved Question:

Overpayment of wages after retirement when the company was fully informed of my retirement and a P45 was issued stating that I had retired on that date. They are demanding the gross amount including tax paid. Where do I stand o this as regarding repayment?
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Have you paid the text or was this done by PAYE? How long ago was the over payment made? How much was the over payment?

Customer: replied 1 year ago.
Paye ,19th March 2016. £7069.46
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. Did you realise you had been over payed? As a starting you do not have to pay what they paid in PAYE - this was their issue and they have to go and reclaim that from HMRC. Your options are as follows:

(i) - Write to them and deny you were overpaid anything - say that if they continue to chase you, you will deem it harassment under S.40 of the Administration of Justice Act 1970 which is a criminal offence;

(ii) Accept you are liable to pay for the money - as technically it was paid by mistake and you are not entitled to it, so therefore you do have to repay it;

(iii) Try and negotiate with them and only return a portion of the money. Say that you have changed your position since the money was paid and you should not be prejudiced because of their mistake.

In any event I would write to them and say you will not repay them the tax. This was their error and they must take responsibility for reclaiming it from HMRC -that is not your problem.

I look forward to hearing from you. Kind regards AJ

Expert:  Alex J. replied 1 year ago.
Hi, Thank you. Did you realise you had been over payed? As a starting you do not have to pay what they paid in PAYE - this was their issue and they have to go and reclaim that from HMRC. Your options are as follows:(i) - Write to them and deny you were overpaid anything - say that if they continue to chase you, you will deem it harassment under S.40 of the Administration of Justice Act 1970 which is a criminal offence;(ii) Accept you are liable to pay for the money - as technically it was paid by mistake and you are not entitled to it, so therefore you do have to repay it;(iii) Try and negotiate with them and only return a portion of the money. Say that you have changed your position since the money was paid and you should not be prejudiced because of their mistake. In any event I would write to them and say you will not repay them the tax. This was their error and they must take responsibility for reclaiming it from HMRC -that is not your problem.I look forward to hearing from you. Kind regards AJ
Customer: replied 1 year ago.
Thank you for your advice on the tax issue, and I will write to them on that matter plus I will also negoiate with them regarding repayments.
Expert:  Alex J. replied 1 year ago.

No problem. I would be most grateful if you would take a moment to rate my answer. If I can assist any further please let me know. Kind regards AJ

Customer: replied 1 year ago.
I rate your answers quitte highly and would not hesitate to call you again.
Expert:  Alex J. replied 1 year ago.

Thank you. If you could provide me with a rating of 1-5 stars when the options becomes available I would be most grateful. Kind regards AJ

Customer: replied 1 year ago.
5 star rating
Expert:  Alex J. replied 1 year ago.

Thank you. That is much appreciated, you should be sent a link to rate my answer my the website, when you receive this I would be most grateful if you could provide your rating on that format. In the mean time I wish you the best of luck and look forward to hearing from you. Kind regards AJ

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