Legal advice re overpayment at work issue

Hi folks, this is what the letter says.





';I left employment at firm X on 4th June 2008 and received final salary in 27th June 2008. You were overpaid due to taking 13 days annual leave that you had not accrued and 2.5 days sick leave that we were unable to deduct from your final salary. This means that you owe X 拢1,031.03 after deduction of tax and NI.';





Now, they are threatning legal action against me in form of CCJ.





I was wondering if i make them a payment offer of 拢20 p/m. Would this be something they have to accept? I can say that given my finances, this is all i can afford to pay?





Second, i don't understand the 2.5 sick day concept as this firm didn't pay you sick pay and so i don't understand how they can claim that?





What are my options





Advice much appreciated in this circumstances Legal advice re overpayment at work issue
you would have to pay them the full amout.


Legal advice re overpayment at work issue
Hi


you approach to their demand is something acceptable. It is because the firm X cannot ask you to pay the full amount in one off payment. If you say you can pay only 拢20 a month, make a budget to prove that with all your income. (You do not have to reveal all your sources of income. just the main is sufficient)


as you would appreciate, if you are over paid, the firm X can claim that money. However, since it is not your fault, you would not be required to pay full amount at once.


Before you think about court proceedings, write them a letter (by recorded delivery) asking explanation/clarification/breakdown of the money you owe to them. Then you can get a clear picture about the situation. Further, the money you owe them might go down significantly, as at this stage they are doing the second audit. in addition, work out how many holidays you were entitled for that financial/tax year, how many sick pays etc etc and work out how many holidays you had taken at the firm X.


first things first, you write a letter to them asking further clarification/breakdown as soon as possible as mentioned earlier. Send it by recorded delivery to the right person with their reference numbers etc etc.


this letter will be very important just in case go to courts. If you do not communicate with them, it is very likely you are going to be penalized for ignoring their requests and wasting of court鈥檚 time and money.


Hope this info is OK


in addition you can call in to citizens鈥?advice bureau in your area



If you have been overpaid in wages then you are required to pay it back to the employer. Did you take off 13 days of leave? Did you take off 2.5 days of sick leave? If you did miss this time from work, and if the pay for those days was not deducted from your paychecks during that pay period then you have been overpaid. If you can show records for the timeframe in question and show that the time missed was deducted from your paychecks then you can argue the repayment issue.