Paying back for the rest of my life.

macbarbie

I was a part time Manager in a job for two years, and left last year.
When i went to leave they realised they had been paying me a full time trainee manager wage by mistake. I honestly did not notice as i got paid bonuses so i thought i was jus doing really well. But no, they where overpaying me and after the two years it had added up to about 8000.

So i was told i had to pay it back. I didnt have it up front so we came to an agreement of 80 a month... this will take about 8 years, every month i see it there in my bank statement and it jus feels wrong that I have to pay them for all these years for a mistake they made!!!

Do they have the right to take it back???

squidgey

To the best of my knowledge no you don't have to pay it back. Although you have subsequently made an agreement or verbal contract which may negate that.

If you are working for a company and they overpay you one month then they are permitted to underpay you the following month if they wish. However once you leave that company you do not have to pay back any money that they may have overpaid you.

You made the mistake of arranging an agreement with them first without seeking proper advice. Give your solicitor a quick call and ask them where you stand - if you don't have a solicitor already, you do now!!

Mr. Incognito

Originally- I'm not too sure. I know there is an employment solicitor that frequents this forum so prob best to wait for him.

On the basis of your subsequent agreement I would guess yes, they do.

feylya

You absolutely have to pay them back. Yes, it was their mistake but they can claim it back. You could pay it back at 5c a year if you like but it must be paid.

watna

8 years is hardly the rest of your life!

I think since you agreed with them to pay it back there's no real come back. Can you pay more lump sums in to it i.e. if you get a bonus, have extra money one month? That's what I'd do to get it paid off earlier. Like you, I'd hate having to pay an old company for their mistake but i think it might be too late to do something about it now.

macbarbie

watna wrote: »

8 years is hardly the rest of your life! .

i know im a bit dramatic... sorry!! i didnt sign any agreement, we jus verbally agreed how much id pay back!!!

I will look into it better, go to a solicitor.... but i have a feeling i have to pay them back

seamus

Since it was their mistake, they cannot charge you interest or penalties on the amount and you're perfectly entitled to hand them a lump sum at any time to clear the amount.

Hitchhiker's Guide to...

seamus wrote: »

Since it was their mistake, they cannot charge you interest or penalties on the amount and you're perfectly entitled to hand them a lump sum at any time to clear the amount.

just out of interest - can they not charge you any interest at all?

second, presume OP that you've been taxed on this money. There must be a way of reclaiming that tax.

also, worth seeing if your contract actually specified the lower rate of pay (although assume you've already done this)

paul666

just say the op decided he didnt want to pay this back and stopped the money going out of his account.
what could the company do?
I'm asking this because i no i would be very pissed off if this happened to me and i would see it as their tough luck. i mean they only copped this after 2 years!!

SoupyNorman

Just to throw in the devils advocate,

I think it's a fair comment to say that other then our genitals, our pay packets are the most scrutinised items in our lives.

I find it difficult to believe that the OP did not realise the over payment. You mention Bonuses confusing the total but simple addition and subtraction can reveal your true NET income, checked off the rate in your contract it should have set off alarm bells.


so i thought i was jus doing really well.

Eh Eh, this is a statement of extreme ignorance...."I thought, I presumed, It was like that when I got here it really was"

These statements do not cut the mustard in the real world.

Also, it may have been wise to seek legal advise before agreeing to repay. You should try restructure the payments to €1 a month.

macbarbie

I spoke to a solicitor and i have to pay it back as it was a mistake.... this jus doesnt feel right though...

I honestly did not notice it.... it was an extra 95euros a week...... its only because it was over two years it came to so much...

95 a week by 4 weeks=380 a month
380 by 22months(1year 10 months>how long i was there)=8360

I can say i honestly did not notice the 95 extra a week!!!


I feel so angry....... :mad:

seamus

bravestarr082 wrote: »

I think it's a fair comment to say that other then our genitals, our pay packets are the most scrutinised items in our lives.

Yes and no, depends on the person.

Plenty of people genuinely just don't look at their payslips. They may not understand it (yes, not everyone has the ability to read such documents), or they may just look at the "Net Pay" line.

Other people don't even open them and so long as money keeps coming into their bank account, they don't even blink.

Kind of like the people who go to take money out of their account without know whether or not they have any money. I don't understand how someone can be in such a position (I always know what I have, at least to the nearest hundred), but I've seen people do it, so clearly not everyone keeps track of their money.

macbarbie wrote:

this jus doesnt feel right though...

If they didn't pay you enough, would you be asking them to give you what you were owed? Of course you would. So why shouldn't the company get back what they're owed?

Yes, the company made the mistake and yes it's a pisser for you, but people make mistakes. While you may not have noticed you were getting paid too much, that was your mistake. If you had noticed, then you could have brought it to their attention.

macbarbie

seamus wrote: »

If they didn't pay you enough, would you be asking them to give you what you were owed? Of course you would. So why shouldn't the company get back what they're owed?
.

good point.... i suppose it doesnt help i hated the company, so i guess i feel hard done by for the horrible time i had working there and now i owe them money!!

i know your right but thats the thing... i hate your right!!

at the end of the day.... i still think there bastards

ntlbell

check with a solicitor I think it will be worth your while.

something like this happened to me it was a small amount over a small period of time, but as far as i know with mistakes like this you can only claim for up to a period of 6 months this is long enough for them to notice or rectify the mistake

I'd take it to court.

squidgey

I was under the impression that deductions can only be made up to 6 months after the overpay - double check that one, you may not have to pay back the full amount. If that was the case, a long term employer could turn around in 10 years time and tell you you owe them €25,000.

Would you have noticed if you being underpaid €95 per week - I would imagine so. Your main problem is you already agreed to pay this money back, and you put a procedure in place to do this. Big mistake!! It means you admitted they were right, you were in the wrong, and that you agreed to paying them back by a certain amount over a certain time period.

the_syco

squidgey wrote: »

Would you have noticed if you being underpaid €95 per week - I would imagine so.

Only if I started on a lower wage. If I started on a wage from the start, I may think it was my "normal" wage.

macbarbie

the_syco wrote: »

Only if I started on a lower wage. If I started on a wage from the start, I may think it was my "normal" wage.

good point... i never really check my wage slip jus the main number!