Overpayment By Ex-Employer

avfc710

Hi,

I left a company for a new job back in September 2017. I have received a letter from the company to say that I was overpaid by over €1000 and I need to pay them back within 7 days.

They had sent 2 letters previously, the earliest of which is dated 18th October 2017. I did not receive these as they were sent to an old address and only know about them as they are referenced in this letter.

I did not realise that I had been overpaid and do not have a spare €1000 to hand back. This is completely my ex employers mistake so I'm just wondering what my rights are here and how best to proceed?

All advice is appreciated, thank you.

avfc710

sugarman wrote: »

Why not call them and explain what you just posted here, try work out a plan?

Yes I've e-mailed them outlining this, I'd just like to be armed with as much info as possible.

mugsymugsy

avfc710 wrote: »

Yes I've e-mailed them outlining this, I'd just like to be armed with as much info as possible.

Happened to me before nowhere near the same amount. Initially ex company wanted money straight away I said a repayment per month and agreed on x over 12 months.

Whatever agreement you make ensure you get things in writing and have confirmation etc

Not sure of legals but hope a bit of commen sense would prevail.

jimmycrackcorm

You need details of the over payment. I. E. Was that 1000 net of PAYE? If not then the ex employer should make their own effort to recover the tax part.

Propperson

The same thing happened to me, more than a year after I had worked there, got a letter in the post telling me I owed them nearly €400 as they had overpaid me. I just decided to pay it back. They issued a receipt to me once the money was paid back. They will most likely agree to some kind of payment plan as they’ll be just happy to get the money back.

the_pen_turner

i would ask for dates to show the over payment.
talk to an accountant and work out how much of that 1000 overpayment you received and how much they took off in taxs. then pay the diference. let them worry about the taxs

jimmycrackcorm

Propperson wrote:

The same thing happened to me, more than a year after I had worked there, got a letter in the post telling me I owed them nearly €400 as they had overpaid me. I just decided to pay it back. They issued a receipt to me once the money was paid back. They will most likely agree to some kind of payment plan as they’ll be just happy to get the money back.

Did you ask your former employer for an adjusted P60 to reflect the adjusted figures to enable you to reclaim the excess tax from revenue?

The_Conductor

I had something similar- my employer was paying for a third level degree I was undertaking- and forgot to stop the payments to UCD after I had graduated. When they tried and failed to get the money back from UCD- they said it was my responsibility for not ensuring the payments had ceased. I was still with the employer at the time- and was informed the amount of the overpayment (almost 4k) would have to be paid back asap from salary deductions. It meant for a period of over 2 months- my only income was revenue tax refunds for having overpaid my income tax prior to this. It was sufficient to pay my rent (I was in a bedsit at the time)- but absolutely nothing else. By the end of the 2 months- I had nothing whatsoever left in the place- not even table salt- and the only money I had for food was £20 I found on the ground as I was walking home one evening. Tough times. As soon as I had fully repaid the money- I handed in my notice- and was overjoyed to walk straight into a new job. I don't know if they ever got the money back from UCD- and I was a youngster at the time- and presumed it had to be my fault when they told me it was. I wouldn't be as naïve anymore.

quad_red

The_Conductor wrote: »

I had something similar- my employer was paying for a third level degree I was undertaking- and forgot to stop the payments to UCD after I had graduated. When they tried and failed to get the money back from UCD- they said it was my responsibility for not ensuring the payments had ceased. I was still with the employer at the time- and was informed the amount of the overpayment (almost 4k) would have to be paid back asap from salary deductions. It meant for a period of over 2 months- my only income was revenue tax refunds for having overpaid my income tax prior to this. It was sufficient to pay my rent (I was in a bedsit at the time)- but absolutely nothing else. By the end of the 2 months- I had nothing whatsoever left in the place- not even table salt- and the only money I had for food was £20 I found on the ground as I was walking home one evening. Tough times. As soon as I had fully repaid the money- I handed in my notice- and was overjoyed to walk straight into a new job. I don't know if they ever got the money back from UCD- and I was a youngster at the time- and presumed it had to be my fault when they told me it was. I wouldn't be as na anymore.

That is horrific

The_Conductor

quad_red wrote: »

That is horrific

Best thing I ever did was hand in my notice to them.
This was in the late 90s- before the boom took off- and jobs were not plentiful- at the time I took the job because I didn't feel I had any other options- however, that was a different time- and a different me. I could tell some tales of how they treated staff- there are enough of us Boardsies who were there- I lasted longer than most. People don't realise just how bad things were- I guess I'm older than a lot of people here though.

Propperson

Replying to JimmyCrackCorm

No I didn't as I never even thought about the tax side of it to be honest as I was only there for a few months on a contract basis.

Sleeper12

avfc710 wrote:

I did not realise that I had been overpaid and do not have a spare €1000 to hand back. This is completely my ex employers mistake so I'm just wondering what my rights are here and how best to proceed?

If you were overpaid then you have to give it back. It was a mistake by your employer so I'd expect them to be flexible in the time schedule for paying it back.

K.Flyer

Have you checked that the payments that you received against what your employment contract says you should have received actually differ?

the_syco

avfc710 wrote: »

I left a company for a new job back in September 2017. I have received a letter from the company to say that I was overpaid by over €1000 and I need to pay them back within 7 days.

Find out when did they start to overpay you, and check your wage dockets. For example, your net pay could have been affected if the €1000 was over 2 or 3 paychecks. An accountant will be able to tell you more.

OMM 0000

avfc710 wrote: »

I did not realise that I had been overpaid and do not have a spare €1000 to hand back. This is completely my ex employers mistake so I'm just wondering what my rights are here and how best to proceed?

Unless your plan is to steal the money, you should arrange a reasonable payment plan. For example, if you can only afford to pay back EUR 40 per month, then the payment plan becomes EUR 40 x 25 months.