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Remus2004, Advocate
Category: Employment Law
Satisfied Customers: 71130
Experience:  I am a barrister
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i have been over paid for the last 9 months only found out

Customer Question

i have been over paid for the last 9 months only found out this month employer wants money back were do i stan on this matter
Submitted: 5 years ago.
Category: Employment Law
Expert:  Remus2004 replied 5 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

How much is the over payment?
Customer: replied 5 years ago.

forjomo19dont know thee full amount its in the middle hundards

Expert:  Remus2004 replied 5 years ago.
Do you accept you were overpaid?

Why didn't you report this?
Customer: replied 5 years ago.

yes account informed me she has over payed

Expert:  Remus2004 replied 5 years ago.

But why didn't you report it when you noticed you were overpaid?
Customer: replied 5 years ago.

was only informed 1 week ago did not report it because did not know i was being over paid

Expert:  Remus2004 replied 5 years ago.
I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.

The starting point with overpayments is that if you have been overpaid then it has to be repaid. There is no real way around that. That is the presumption.

You could try to rely on promissory estoppel to avoid repayment. It is a high test though. You have to show that you had no way of knowing that there was an overpayment – which might be possible if this is only a few hundred pounds – and that you have changed your position in reliance upon the overpayment. The fact that its a low sum is a double edged sword. On the one hand its easier to argue that you might genuinely not have noticed. On the other it is harder to argue that you position is changed such as to cause significant disadvantage.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.