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Over-paid...now Over Seas!


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Hello everyone, first of all apologies if anything I say has already been written somewhere in this forum.

 

Im currently in Australia at the moment working and living, I plan on heading to New Zealand in June and I spent last year (2008-2009) working and living in Canada. My situation is that my old employers(Royal Mail) over paid me while I was in living in Canada and at the time I thought this was money that was mine and owed to me, and due to short falls and job losses while in Canada I reluctantly used the money to eat and live.

 

Anyway what was worrying was when a friend and former work mate got intouch with me through facebook and mentioned that apparently ive been overpaid I should get intouch with my old bosses. I explained they have my email address and also a phone number(canadian) they can get in touch with me if it's so important. Over a course of time it became frustrating when I was getting told by my friends, none of whom had any relation my ex employers, were telling me that Ive been over paid, how much do you them etc

 

So I was very disgusted that something so personal had been leaked throughout the work place, but through my friends as well, and I was still in the shade regarding exactly how much, what was needed to be done etc

 

Well I'm now in Australia, but I was speaking to my parents and they said a letter looking quite important was opened mistakenly by my father(we share the same forename) when he realised it was mine he just left it be, but did tell me about it. Turns out my former employees have handed the matter to a debt collection agency. The thing is I haven't lived at my parents address for 9 years, and any mail I did have going to my former address in the UK was being redirected to my parents address, without my permission.(Royal mail know my parents, therefore put my old mail into my parents house) The letter from the DCA was addressed to my parents house, hence my father mistakenly opening it.

I checked an old email account(hot mail) and found an email with a file attached stating IMPORTANT. I opened it, and it's a copy of the letter sent to my parents address.

As I don't plan on returning to the UK anytime soon, and I have no savings,property or anything of value in the UK(except a pension) I'm wondering what can they actually do. I'm more worried for my parents as I don't want any DCA harassing them when they haven't done anything wrong. Is it worth responding to the email and stating where I am now, my parents have no involvement etc Do I just leave it, or can they take me to court and claim online with something called a CCBC(county court bulk centre)

 

Could they make a note on my passport and have customs stop me if I returned to the UK ?

And what are my rights regarding my confidentiality and privacy, which they broke by telling my friends and former work colleagues?

 

Sorry it's so long winded, if more details are needed please ask, and any advice would be appreciated.

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can they take me to court and claim online with something called a CCBC(county court bulk centre)
No, you have to be a UK resident in order for them to obtain a CCJ against you. Even if they managed it using a previous address you could easily get it overturned.
Could they make a note on my passport and have customs stop me if I returned to the UK ?
Certainly not, it is a civil matter not criminal.
Is it worth responding to the email and stating where I am now, my parents have no involvement etc
Any future mail sent to you at your parents should be returned to sender. As for giving them contact details, there is no legal requirement for you to do so. Besides you'll end up with begging letters from Debt Collectors & they could possibly pass it on to a DCA in the country you're in although they couldn't take any enforcement action, see; http://www.consumeractiongroup.co.uk/forum/overseas-debt/250889-can-i-sued-overseas.html
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Besides you'll end up with begging letters from Debt Collectors & they could possibly pass it on to a DCA in the country you're in although they couldn't take any enforcement action, see; http://www.consumeractiongroup.co.uk/forum/overseas-debt/250889-can-i-sued-overseas.html

 

Thanks for your advice, it's put my mind at ease on some of the issues. I read that post before hand which was quite useful. Ive told my parents to return to sender any other mail for me. They did this with the mail being redirected without permission, some of it was POSTED BACK. But I sent an email and complained to Royal Mail that this was an unauthorised redirect. They have since stopped. Im just wondering if I should tell them that I no longer live at that address, give them my postal address here in Australia. But rather then just say, how do I pay, ask for proof. Every wage slip and information which states and proves I was overpaid, and I wont agree nor pay anything till I see this in writing. Or just leave it be?

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  • 4 weeks later...

I wont give too much advice re DCA but I do know that any over-payment of wages remains the property of the employer and is covered by the Theft Act. However, it appears that they have opted not to follow this route and to rather go through DCA....this doesnt mean that they cant make this a criminal matter and obviously this would have implications on your return to the UK.

 

Sorry thats just my view on it.

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