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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71145
Experience:  Over 5 years in practice
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I worked for Southern health on the maintenance team before

Customer Question

I worked for Southern health on the maintenance team before I left I received overpayments for on call allowances the mistake was on there part as I correctly put my hours in. I brought it to my supervisors attention and he said not to worry they will sort it they never did and when I was leaving I mentioned it again and said they will have to wait until I get back from Spain as I will be away for 3 months. The money is still in the bank and I received no correspondence from them. I got home to find a letter from tiaa ltd saying they want to interview me under caution away from a police station as they have reason to believe I MAY have committed an offence as I did not take any reasonable steps to return the money. Where do I stand on this. the letter tone is quite threatening. Where do I stand and what course of action can I take
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

How long ago was this and do you have any evidence to support your effort to resolve this?

Customer: replied 1 year ago.
I left on june 23rd and went to Spain on 30th the payments I believe was for March April May . I have no proof of effort to resolve this it was only verbal
Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Jo C. replied 1 year ago.

Sorry for the delay.

Are you asking if you have committed an offence?

Customer: replied 1 year ago.
I think that's about it they have arranged a interview under caution on Monday afternoon. the other fact is my supervisor said that my pay file and leave entitlement would be checked over before my final payment to correct any anomaly's. I never got my last pay slip until after I left it would have been posted to me in July when I was in Spain. I was not given the chance or invited to resolve the problem the tiaa letter was the first thing I got when I got home on the 10th October. I have attached the letter for you to see
Expert:  Jo C. replied 1 year ago.

Ok. so what is your question about this please?

Customer: replied 1 year ago.
the tiaa want to be doing the interview under caution and recorded which seems to imply I have broken the law where as I look at it as the NHS has over paid me and I was expecting this to be sorted on my final pay slip or worst case to REQUEST a repayment after I left. So have I broken the law.
Expert:  Jo C. replied 1 year ago.

Sorry for the delay.

If this was innocent on your part then you have not broken the law.

However, of course, they may not believe that and they are entitled to investigate.

Expert:  Jo C. replied 1 year ago.

an interview under caution would imply that you were being investigated but that doesn't mean you are guilty or that they will not believe you.

Can I clarify anything for you?