Alleged overpayment by employment agency

[cultfigure]

Scenario: An employment agency is alleging I have been overpaid, this has occurred several months after I last worked through them. The alleged overpayments where paid directly into my bank account . They are asking for the money back. I had no formal contract with these people and there is no payslip or any other evidence of what this payment may have been for. The job I was working on (with no contract) actually ended some six weeks earlier than it should have - with no contract I had to take that on the chin. Ironically the amount of alleged overpayment is about what I would have earned had the job lasted as long as I hoped it would have. They have given me 1 week to get back to them with a written proposal on how I intend to pay the money back. Any help re the legal position on this would be appreciated. Thanks.

[citizenB]

They will have to provide evidence there was an overpayment - they would surely have a copy of your original payslip ?

[cultfigure]

The alleged overpayment comes from the agency paying both an umbrella company who paid me and the agency paying me as well. The umbrella company provided a pay slip. The recruitment agency didn't.

[Emmzzi]

So it's not just an allegation of being overpaid, you have in fact been paid twice, and an examination of your bank statements would prove that?

 

That makes the question how, not if, you have to pay the money back.

[cultfigure]

I am waiting to see if the bank statements verify their claims. I have not seem them as yet but asked the bank to send me them to see if what they are saying is correct.

[Emmzzi]

Sounds likely - so yes, I'd suggest working out what you can afford, and an installment plan, once you are happy the breakdown is correct.

[cultfigure]

The amount allegedly paid in are different to what I would have been due re wages from what they are saying.

[Emmzzi]

well, get the breakdown first, as I say. However if you were on standard day's notice type contract, the contract finishing early is neither here nor there.

[cultfigure]

Ok, so to clarify. I will have to by law pay this money back but can do so at a timescale that I can manage.

[Emmzzi]

I'd reckon so, yes

[cultfigure]

I have just received quite an aggressive letter re this.....again if someone can clarify the legal aspects to this I would be grateful.

[Emmzzi]

What was unclear?

[cultfigure]

What my legal position is re paying this back

[Emmzzi]

I thought I was really clear on that. You have to pay it back if you didn't earn it.

 

generally it goes

- you make a proposal to repay over time and then

a) they accept that or

b) you go to court

 

If you take no action it may just go stright to b. or they may decide it isn't worth the hassle. The action you take may depend on if you ever want to work in finance, etc. CCJs may not be that important to you and if so you can sit it out.

[cultfigure]

Ok cheers

[Grotesque]

I note that the OP wants legal opinion rather than supposition though

[Emmzzi]

I note that the OP wants legal opinion rather than supposition though

 

so provide one.

[Grotesque]

On the contrary, no-one would sensibly expect a considered legal opinion without all the facts established; until those facts are established (e.g., bank statements etc), all is merely supposition, assumption, and opinion. Cheers.

[Emmzzi]

On the contrary, no-one would sensibly expect a considered legal opinion without all the facts established; until those facts are established (e.g., bank statements etc), all is merely supposition, assumption, and opinion. Cheers.

 

It's perfectly possible to explain a general point of law which the OP can them apply to their case. We do know OP has been overpaid, as they have stated this.

 

If you have any legal knowledge I am sure they will be most grateful for it!

[Grotesque]

Example: the two most important questions have not been asked let alone answered yet: when the OP last worked for them, and how much is involved...

[Emmzzi]

neither of which alter the general principles of the law

[Grotesque]

General principles are interpreted as a result of specifics; you should, in good practice, only apply the former in the context of the latter. Cheers!

[Emmzzi]

so you aren't actually going to help.. lovely! enjoy your sunday - day of rest !

[Grotesque]

The point is, it is too soon, at this juncture, to help! And right back at you comrade.

[Ganymede]

Emmzzi is right, the OP has said that they were paid twice after leaving the company by mistake.

 

The amounts are irrelevant really as long as they are accurate. The OP needs to pay it back or potentially face Court.