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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50191
Experience:  Qualified Solicitor
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My employer miscalculated my final payment, after a dispute

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My employer miscalculated my final payment, after a dispute they eventually paid it into an account I have not accessed for over 3 years. It is a live account but due to the overdraft I cannot drawer this payment. This is not the account that they had been paying my salary into. After 4 months they have confirmed they have made the payment into my usual bank account. They now say they have paid me twice and will be issuing a ccj for a refund. Can they hold historic bank details? Where do I stand?
Customer: replied 1 year ago.
They did advise at the beginning of June that they would be recalling the payment from the wrong account.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Do you agree that they have paid you twice?

Customer: replied 1 year ago.
No, because I can't access the first payment. I don't know why they were holding onto old bank details when they have been paying my salary into a different account since April 2013. This is due to 3 errors at their end and I can only access 1 payment
Customer: replied 1 year ago.
Sorry 2 errors. This has taken 4 months to get the remaining payment

ok but just because you cannot access the payment does not mean they did not pay you twice? Also did your contract state which bank account you were supposed to be paid in?

Customer: replied 1 year ago.
No, but I cannot understand why they had not deleted the old details when they started to pay into a different bank 3 years ago. It is also not my fault that they miscalculated so should have all been sorted by the end of March. Then they use historic bank details which due to the amount of time they have been dragging this out I believe to be deliberate. Should they still be holding historic bank details?
Customer: replied 1 year ago.
Is it right that their errors should cost me money?

ok I will answer your queries but remember that technically this is not costing you money. you have an overdraft but that is a debt that you owe to the bank. You were paid by the employer and that has ended up offsetting the debt but overall, you have still been paid by them and that is what a court would look at - that you have actually been paid twice in reality so whilst it may have been used to offset an existing debt, the fact of the matter is that a payment was made. Overall you have not lost any money - you have reduced your debt liabilities but that does not equal losing money

Customer: replied 1 year ago.
But it's only down to their errors. Can they legally hold historic banking information? None of this would have happened if they hadn't made these miscalculations and mistakes? I don't understand why this payment went into an account they they have not paid into for so many years. I do believe it was malicious, but can't prove it, but why were they able to still hold onto these details?

Your bank details will amount to personal information and be subject to data protection rules, which state that they must only keep such data for as long as is reasonably necessary. If you had formally updated your bank details in the past and no longer used the old details then there is no reason for them to have kept them for that long. So that could be a data protection breach, The issue is that you have not technically suffered losses as a result - you were paid the money and whilst the fact it ended up offsetting your overdraft is unfortunate, that is not legally counted as a loss. So as you can only make a claim for breach of data protection if you have suffered actual losses, that will not be an option here. If you can try and contact the bank to try and send that money back to them, it will simply mean your overdraft will increase again so overall you will not be left in any worse off position financially because you may be able to keep the money in the other account, you will have a larger overdraft.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you

Customer: replied 1 year ago.
Ok. So can I pay the money back in monthly instalments and if they take me to court I can evidence that I am attempting to pay the money back?

Yes certainly. I suggest you tell them that whilst you are prepared to pay the money back you can only do so in monthly instalments and advise them that if they were to go to court to pursue this, the court can still order you to pay it in instalments if you can shoe them that a lump sum payment is not possible S it would be better for them to accept your offer, rather than having to go to court, spending time and money and ending up with the same outcome.

If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you

Customer: replied 1 year ago.
Thank you

You are welcome, all the best

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