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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'm contacting you on behalf of my husband. His former

Resolved Question:

I'm contacting you on behalf of my husband. His former employer is saying he has received an overpayment and despite us both writing, emailing and phoning nobody is getting back to us with a breakdown of how this has happened.
My husband is in prison so as he has no income to pay them, he has offered for them to take the money from his shares or company pension. They haven't acknowledged this but have withheld a shares payment of £400, but in the latest letter we received this amount hasn't been taken off the total.
Submitted: 19 days ago.
Category: Law
Expert:  Jenny replied 19 days ago.

Hello my name is ***** ***** I am happy to help you today, does your husband agree that he has been overpaid?

Customer: replied 19 days ago.
We don't know as we haven't be given a breakdown despite asking several times
Expert:  Jenny replied 19 days ago.

Ok legally they need to demonstrate that there has actually been an overpayment. Normally overpayments are repayable but there are circumstances in which you can refuse to repay. This would be a situation where a person does not realise that they were overpaid and has spent the money in good faith.

If your husband genuinely was not aware of this and has spent the money then they cannot recover it.

If the above does not apply then they have to set out what the overpayment is and agree an affordable repayment. They cannot take money out of shares and then keep the total amount owing the same.

If you have any further questions please 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.

Customer: replied 19 days ago.
But they aren't responding to either of us, I have contacted them 6 times this week and nobody has gotten back to me
Expert:  Jenny replied 19 days ago.

Ok have they threatened court action?

Customer: replied 19 days ago.
Not yet, the latest was a letter dated the 16th just saying they want payment in 10 days
Expert:  Jenny replied 19 days ago.

Ok well I would write back to them to say that you are not prepared to pay unless:

a) they tell you exactly what the overpayment was in respect of?

b) they tell you the exact amount?

c) they confirm whether they have deducted money from the shares?

You should ask them for the right to respond once you have that information and you should say that it is impossible for this to move forward without this information.

If they do try to invoke court action without this information then they will get a short shrift from any judge dealing with the matter.

Customer: replied 19 days ago.
Ok thank you for your advice, i will do that.
Expert:  Jenny replied 19 days ago.

No problem all the best with it. I will be very grateful if you would take the time to rate my answer as I am not other wise credited for my time. Thank you and all the best.

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