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Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 598
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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I've been working for a private client, I was told to claim

Customer Question

Hey
JA: Hi. How can I help?
Customer: Hey I've been working for a private client, I was told to claim some shifts by the care manager that have been paid by the solicitor without being checked. He has made an overpayment as an accusattion of fraud. I thought i was entitled to these hours as they was travelling time between both clients as i worked with two of his clients. he has set up a police investigation and benefit agency as half was paid by the client and half by council. i sent an email to ask which rate of pay it was and how many hours which he couldnt tell me just now. im wondering what i do about it and if i should pay this amount up
JA: The Expert's answer will cost $10 to $100, depending on the issue type and time to respond. You'll see the exact amount on the next page and can decide then. It's way less expensive and more convenient than any face-to-face visit.
Customer: okay
JA: The Fraud Examiner will know what to do. Is there anything else the Fraud Examiner should be aware of?
Customer: set up a safeguarding too
Submitted: 8 days ago.
Category: Law
Expert:  Nicola-mod replied 8 days ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Ross Miller replied 7 days ago.

Hello my name is ***** ***** I can help with this matter if you are still looking for help, please note there may be delays between messages as the experts on this website are all third party and are not on here full time. Thank you.

Expert:  Ross Miller replied 3 days ago.

 

Are you still looking for help with this matter?

Customer: replied 3 days ago.
Yes please
Customer: replied 3 days ago.
But I don’t have a mobile for you to call
Expert:  Ross Miller replied 3 days ago.

Don't worry about the call it is automatically generated by the website.

Expert:  Ross Miller replied 3 days ago.

So from what I can tell, you have been overpaid, but you thought this money was due to you, this is fair enough usually when a company etc. makes an overpayment they request the money back, so can you tell me how we are now at the stage of a fraud investigation?

Customer: replied 3 days ago.
Yeh that’s right but the solicitor that paid it out trying to say it fraud and set up police investigation
Customer: replied 3 days ago.
I haven’t yet paid the money back cos I’m not sure if it right to do that or not
Expert:  Ross Miller replied 3 days ago.

It seems like a very dramatic jump, why didn't they contact you and let you know that you have been overpaid before jumping to a police fraud investigation? You could potentially make a complaint if that is the case. However, to answer your question, if you have been overpaid then yes you have to pay it back however, you have to pay it back at a reasonable rate and in accordance with the Employment Rights Act 1996 they cannot take more than 11% of your salary at any one time. However, if you agree to slightly higher payments to repay such sums then you can by way of agreement. I would contact them saying that you accept the overpayment along with your reason and then offer to pay the sums back in line with the above advice.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

 

https://solicitors.lawsociety.org.uk/

 

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

Customer: replied 3 days ago.
He trying to say I did this intentionally which wasn’t the case it was travelling time between both clients that I thought I was entitled to
Expert:  Ross Miller replied 3 days ago.

So you have requested payment for more money than you were due?

Customer: replied 3 days ago.
Yeh that I’ve offered to pay back cos previously I was told I could claim travel time or bus pass
Customer: replied 3 days ago.
Do I pay back this money
Expert:  Ross Miller replied 3 days ago.

Even if this is the caee then still follow the above advice. I would also write a letter to the solicitor explaining why you though you were due the total sums along with the acceptance that you will pay it back. In the same letter I would suggest to the lawyer that a normal course of action would have been to bring this to your attention first rather than jumping to a fraud investigation. But untimely yes you will have to pay it back. However, if your contract states that you are due travel time and you believe you are due this money then I would fight your conner.

I hope this information has helped.

 

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross