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| Kaben |
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 Kaben World Chat Champion

Joined: 09 Mar 2005 Karma :  
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 Posted: 23:36 - 28 Feb 2007 Post subject: I have been overpaid. What now? |
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Ok guys, i have been paid for a whole months wages, despite leaving after the first week in the month.
The funds are sitting in my account right now according to online banking, but what should i do?
Clearly i'm not going to inform them of the mistake, but will they be able to take the money back without informing me if/when they realise? I'm tempted to withdraw it and stick it into another high interest account in the meantime, especially if it prevents them taking it back.
If nothing happens after a month or two spend it. Good idea?
Anyone else been in this situation? What happened?
Kaben  ____________________ Its Not a Melon, Its Clearly a Lime!!
Yamaha Fazer 600Now dead, MZ 125 SM
My Deviant Art homepage https://robabloke.deviantart.com/ |
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| Weedy |
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 Weedy World Chat Champion
Joined: 16 Feb 2007 Karma :     
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| Silver |
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 Silver World Chat Champion

Joined: 03 Oct 2004 Karma :   
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| Jamie S |
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 Jamie S World Chat Champion

Joined: 28 Dec 2006 Karma :   
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 Posted: 23:41 - 28 Feb 2007 Post subject: |
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take it out, use it, bank it what ever. Its yours they cocked up, its there fault, if they ask for it back tell them u didnt realise and for them to get stuffed  |
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| Ichy |
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 Ichy World Chat Champion

Joined: 15 Jul 2005 Karma :     
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| veeeffarr |
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 veeeffarr Super Spammer
Joined: 22 Jul 2004 Karma :     
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| Jamie S |
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 Jamie S World Chat Champion

Joined: 28 Dec 2006 Karma :   
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| Silver |
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 Silver World Chat Champion

Joined: 03 Oct 2004 Karma :   
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| veeeffarr |
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 veeeffarr Super Spammer
Joined: 22 Jul 2004 Karma :     
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| Kaben |
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 Kaben World Chat Champion

Joined: 09 Mar 2005 Karma :  
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| Steve H |
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 Steve H World Chat Champion

Joined: 18 Oct 2003 Karma :     
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 Posted: 00:05 - 01 Mar 2007 Post subject: |
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I haven't done contract law for bloody years but I assume nothing much has changed...
It's fairly obvious that legally the Company has a right to recoup the overpaid amount - it used to be for a period of six years from the date of payment but things may have moved on since then.
As Silver mentioned the end of the financial year might give the Company in question an idea that their sums are wrong so it's worth wating 'til then if you're gonna blow the lot anyway!
Stick it in a high interest account (if it's a substantial amount) and you could at least make some money out of it assuming they realise the error. ____________________ Mellow Yellow
The BCF Top TEN - 2010, 2009, 2008, The Original. |
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| yambabe |
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 yambabe World Chat Champion

Joined: 12 Jul 2004 Karma :    
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 Posted: 00:33 - 01 Mar 2007 Post subject: |
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| Steve H wrote: | It's fairly obvious that legally the Company has a right to recoup the overpaid amount |
Believe it or not, only if it is specifically mentioned in the Contract of Employment (which it generally is these days), there was a test case some years back where it wasn't & the guy got to keep the overpaid amount, I'll see if I can find the details tomorrow when I'm back in work.
There are a couple of other things that might cause you to get a full month as final pay though, namely if you were due any notice pay and more importantly any accrued holiday pay.
If you are absolutely certain that they have overpaid you then do as has already been suggested and stick it in a high-interest account until they ask for it back.
There will be a couple of pointers that will suggest if they are likely to ask for it back, which you could use as an indication of when to to spend it.
Firstly have they issued you a P45 yet? If they have then your pay record has effectively been closed, they have given that figure to the tax office as being correct and unless you are talking a really substantial amount of cash the hassle they would have to go through to amend their payroll records and Revenue declarations as well as chase you for it means they are unlikely to bother.
Secondly, if you've not had a P45 then the cut-off date is the 19th of May. Once again, they are obliged to send you a P60 by this date and submit their annual return to the tax office if they have not given you a P45 before the 5th of April and once again the hassle to them of telling the tax office they have screwed up is probably going to make it not worth them pursuing you.
You are certainly not under any obligation to tell them if you are sure it's wrong, that would be entirely down to your conscience. Have to say that despite thinking of myself as a pretty honest person in general I probably wouldn't tell them.......... ____________________ Sod falling in love, I wanna fall in chocolate.  |
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| cestrian |
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 cestrian World Chat Champion

Joined: 24 Jul 2006 Karma :   
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| Dave McCool |
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 Dave McCool World Chat Champion

Joined: 04 Jun 2006 Karma :  
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 Posted: 01:08 - 01 Mar 2007 Post subject: |
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I did an A-Level in Law, and I specifically remember this question coming up.
The facts of the matter are that, seeing as you're realised you've more money in the account than you shouild have, spending it is theft.
Their mistake or not, you are liable to be prosecuted for theft.
Sorry to put a downer on it mate...
Not quite sure on the legalities of whether or not you have to inform them, but I would imagine you probably would.
At the end of the day, it's up to you as regards whether you want to risk it, or play it by the books.
Depends how observant you reckon the wages department are I suppose.  ____________________ McGee - "When I go to the mall and see all the high school girls, I have to have DO NOT TOUCH THE GIRLS written on my hand. Every time I go to grope I see it and stop."
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| h00dwink |
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 h00dwink World Chat Champion

Joined: 04 May 2006 Karma :     
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 Posted: 01:09 - 01 Mar 2007 Post subject: |
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isn't the end of the financial year coming pretty soon?
it could well be (like has already been mentioned) unpaid holiday pay. but if it's a months worth of pay, then that's unlikely.
who knows...
speak no evil etc... ____________________ Sahf East Winnah 4LYF
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| stinkwheel |
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 stinkwheel Bovine Proctologist

Joined: 12 Jul 2004 Karma :    
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| Dave McCool |
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 Dave McCool World Chat Champion

Joined: 04 Jun 2006 Karma :  
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 Posted: 01:24 - 01 Mar 2007 Post subject: |
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Erm, finished it in mid 2005, I'm only a wee yute of 20 (as of about an hour and a half ago )
Could indeed have changed since then, but I do definitely remember the question coming up, and that being the answer. ____________________ McGee - "When I go to the mall and see all the high school girls, I have to have DO NOT TOUCH THE GIRLS written on my hand. Every time I go to grope I see it and stop."
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| iCraig |
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 iCraig World Chat Champion
Joined: 04 Jun 2004 Karma :     
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| cqueen |
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 cqueen World Chat Champion

Joined: 13 Apr 2005 Karma :    
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 Posted: 07:20 - 01 Mar 2007 Post subject: |
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This happened to me about 6 months ago. I kept the money and never heard anything.  |
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| strag |
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 strag World Chat Champion

Joined: 08 Oct 2004 Karma :  
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| Annabella |
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 Annabella Like a person, only smaller

Joined: 03 Feb 2002 Karma :   
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 Posted: 07:51 - 01 Mar 2007 Post subject: |
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As a lifelong scrooge, I have to agree with Cestrian here. His advice is the most sound.
Although I thought you were under obligation to inform them, as you no longer work there, I would be inclined to not bother.
A good high interest account to keep what you believe the overpayed amount 'safe' so you don't spend it and you get some interest from it if they do request it back. If they don't, you have a nice little nest egg that could turn itself into a shiny new bike/deposit for a house/emergency funds should your car get written off by a bus etc.. ____________________ Avast! Pirates ahoy!
I did Cadwell!
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| st3v3 |
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 st3v3 Super Spammer

Joined: 16 Oct 2006 Karma :     
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 Posted: 08:11 - 01 Mar 2007 Post subject: |
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Depending on the amount, they may ask you for it back, maybe even in small increments, that wouldn't cause hardship.
My contract expessly says if I am over paid, I must inform them immediately and if it is found to be true and correct, they will take it back whenever is most convenient for both us(not in those words) but i'm sure they will be in contact if they are bothered, and you might not have any choice to hand it back, as said, put it in the high int. account and wait.... Then spend it in a years or so's time if they don't mention it  ____________________ Roger wrote: Women don't get damp for clingy puppies. Get some better happy pills, hit the gym & buy a medallion the size of a dinner plate. Job done |
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| Louise |
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 Louise World Chat Champion

Joined: 22 May 2006 Karma :   
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| MarJay |
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 MarJay But it's British!

Joined: 15 Sep 2003 Karma :     
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| Kaben |
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 Kaben World Chat Champion

Joined: 09 Mar 2005 Karma :  
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 Posted: 09:00 - 01 Mar 2007 Post subject: |
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Ok guys i will place it in a high interest account and sit on it.
Its not going to turn out to be a huge Nest Egg, i was overpaid by just over £900, sadly not akin to Stinkwheels account of six figures...
Anyone recommend any decent ISA's or High interest savings accounts? ____________________ Its Not a Melon, Its Clearly a Lime!!
Yamaha Fazer 600Now dead, MZ 125 SM
My Deviant Art homepage https://robabloke.deviantart.com/ |
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Old Thread Alert!
The last post was made 19 years, 264 days ago. Instead of replying here, would creating a new thread be more useful? |
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