Overpayment - super complicated!

[mothertrucker]

Hi everyone,

 

First of all thanks for reading and I hope someone will be able to make sense of this for me,

after hours trawling the internet and existing case law I can't seem to find a similar situation!

 

Several months ago, June of this year, I split from my wife,

I used to get my wages paid into our joint account,

and at the time I didn't have my own current account,

 

 

for the coming payday I provided details for an ex girlfriends account I had been seeing,

on the condition this was a one month only arrangement,

and in under two weeks I had opened and provided my employer with details of my new current account

, which I had been told would be sorted that day.

 

 

Two weeks on from this payday comes around and my account remained empty,

upon informing my employer they admitted they had made the payment to the wrong account,

and immediately credited my account as it was their error.

 

I should mention, myself and my ex girlfriend had stopped speaking and lost all contact in the time leading to this

, to this day, I have no contact with her (smooth operator as always, me).

 

Being as my employer have had no luck with finding her, they have taken to victimizing me,

and requesting that I pay back the money, even though, to my knowledge I did everything in my power to give them the correct information.

 

 

I drive a truck, I'm not savvy on laws or what my rights are here,

all I know is I am sick of going to work to be harassed

and quite frankly have been legitimately stressed and depressed at the thought.

 

I won't spend the rest of this thread 'slagging off' my employer but the accusations are becoming unbearable!

 

Here's hoping someone can clarify my rights here, and what, if any, responsibility lies with me

 

Thanks in advance!!!

[obiter dictum]

My own opinion

 

Quick assupmption

 

The employee (HR and wages employee) is in control of the employers actions

The employee would not have been put into a position of wrong but for carrying out the employers business (Paying wages)

 

The employer is in a better position to absorb any loss

 

The employer is in error in making a salary payment into the previous account details after being given a reasonable time frame and advance notice of a change of those detail. That was an explicit instruction due to a relationship breakdown. If the employer has any beef it is with the account holder those funds were deposited into, not the employee

 

There is no issue with the employee as the employer has put right any shortfall and is under no contractual obligation to make good any loss through the employers actions.

[numbers666]

My own opinion

 

Quick assupmption

 

The employee (HR and wages employee) is in control of the employers actions

The employee would not have been put into a position of wrong but for carrying out the employers business (Paying wages)

 

The employer is in a better position to absorb any loss

 

The employer is in error in making a salary payment into the previous account details after being given a reasonable time frame and advance notice of a change of those detail. That was an explicit instruction due to a relationship breakdown. If the employer has any beef it is with the account holder those funds were deposited into, not the employee

 

There is no issue with the employee as the employer has put right any shortfall and is under no contractual obligation to make good any loss through the employers actions.

 

Correct. ER needs to chase ex. Provide them with address etc to be helpful pending any legal proceedings