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I have been overpaid. What now?

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Kaben
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PostPosted: 23:36 - 28 Feb 2007    Post subject: I have been overpaid. What now? Reply with quote

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?

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Weedy
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PostPosted: 23:40 - 28 Feb 2007    Post subject: Reply with quote

You have to inform them and give it back (unfortunately)
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Silver
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PostPosted: 23:41 - 28 Feb 2007    Post subject: Reply with quote

If the money is in your account (i.e. it's cleared funds) then there is no way of them taking it back.

Personally, I'd leave it there for a few months. If that amount of time goes by and no-one's claimed it then you're away and free (especially since it'll be year end for most companies in a month's time, accounting wise).
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Ichy
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PostPosted: 23:43 - 28 Feb 2007    Post subject: Reply with quote

Just checking you didn't work a couple of weeks in hand when you started? If they have overpaid you then they will be on to you to get their money back at some point.
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veeeffarr
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PostPosted: 23:43 - 28 Feb 2007    Post subject: Reply with quote

jamie stokes wrote:
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 Thumbs Up


Don't give out shit advice if you don't know what you're talking about.
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Jamie S
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PostPosted: 23:45 - 28 Feb 2007    Post subject: Reply with quote

Toby R wrote:

Don't give out shit advice if you don't know what you're talking about.


Its not shit advice, its my opinion.
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Silver
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PostPosted: 23:47 - 28 Feb 2007    Post subject: Reply with quote

jamie stokes wrote:
Its not shit advice, its my opinion.


And what if his company come back for the money, and he's spent it (please don't say "tell them to get lost")?
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veeeffarr
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PostPosted: 23:47 - 28 Feb 2007    Post subject: Reply with quote

jamie stokes wrote:
Toby R wrote:

Don't give out shit advice if you don't know what you're talking about.


Its not shit advice, its my opinion.


It's not an opinion, it's advice and you seem to imply that it is his right to take the money. Again, don't do it.

T
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Kaben
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PostPosted: 23:48 - 28 Feb 2007    Post subject: Reply with quote

Ichy wrote:
Just checking you didn't work a couple of weeks in hand when you started? If they have overpaid you then they will be on to you to get their money back at some point.


I did work a couple of weeks but im pretty sure they were added to the next months pay packet. I dont remember as it was almost a year ago now.

There is no way i am informing them Weedy! Surprised
If they request it back i will have to give it to them, but im not going to do their accountancy for them.

Good point about financial year end Silver.....hopefully it gets gobbled up in teh grand scheme of things and overlooked.

If so, then its definitely going in my DAS/Bike kitty!
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Steve H
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PostPosted: 00:05 - 01 Mar 2007    Post subject: Reply with quote

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.
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yambabe
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PostPosted: 00:33 - 01 Mar 2007    Post subject: Reply with quote

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..........
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cestrian
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PostPosted: 00:34 - 01 Mar 2007    Post subject: Reply with quote

If I was in that situation I would put the money in a high interest account and forget it. If they ask you for it back at the end of the financial year, then really, you should return it. But if they don't, just keep it and forget it. One day it could save your ass.
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Dave McCool
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PostPosted: 01:08 - 01 Mar 2007    Post subject: Reply with quote

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. Rolling Eyes
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h00dwink
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PostPosted: 01:09 - 01 Mar 2007    Post subject: Reply with quote

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...
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stinkwheel
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PostPosted: 01:17 - 01 Mar 2007    Post subject: Reply with quote

Dave McCool wrote:
I did an A-Level in Law, and I specifically remember this question coming up.


How long ago. A lot of the legislation with regard to unsolicited money/goods has been ammended within the last couple of years.

I do know one of my clients was paid twice by DEFRA when they culled his stock during the foot and mouth outbreak. They just wired the money in.

Now we are talking a high-end six figure sum here.

He took legal advice which boiled down to bung it somewhere safe and if they ask for it back, you have to give it to them. You can keep any interest though. There was a time limit involved after which he could regard the money as a gift. I believe he now has judging by the brand new, top of the range range rover he is currently driving.
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Dave McCool
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PostPosted: 01:24 - 01 Mar 2007    Post subject: Reply with quote

Erm, finished it in mid 2005, I'm only a wee yute of 20 (as of about an hour and a half ago Very Happy )

Could indeed have changed since then, but I do definitely remember the question coming up, and that being the answer.
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iCraig
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PostPosted: 07:20 - 01 Mar 2007    Post subject: Reply with quote

Just be careful, if they come back and ask you to repay it, and you tell them where to go, they may get a Debt Collection Agency onto you.

I know this as I work for one!
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cqueen
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PostPosted: 07:20 - 01 Mar 2007    Post subject: Reply with quote

This happened to me about 6 months ago. I kept the money and never heard anything. Thumbs Up
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strag
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PostPosted: 07:38 - 01 Mar 2007    Post subject: Reply with quote

I had this once with an overpayment of expenses...I spent it. They realised and asked for it back, I paid it at a small amount each month. I was still working for them though.
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Annabella
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PostPosted: 07:51 - 01 Mar 2007    Post subject: Reply with quote

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..
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st3v3
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PostPosted: 08:11 - 01 Mar 2007    Post subject: Reply with quote

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 Twisted Evil
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Louise
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PostPosted: 08:32 - 01 Mar 2007    Post subject: Reply with quote

I would just keep it in there for a few months.
Fullers over paid work mate by a week - He asked the same question - I gave same advice. It is cleared funds, but they can still ask for it back.
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MarJay
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PostPosted: 08:56 - 01 Mar 2007    Post subject: Reply with quote

jamie stokes wrote:
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 Thumbs Up


Jamie, that isn't how the world works unfortunately. If someone took that advice they could get into very serious trouble indeed.

Please be careful what advice you give to people. It has the potential to cause harm.
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Kaben
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PostPosted: 09:00 - 01 Mar 2007    Post subject: Reply with quote

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... Crying or Very sad

Anyone recommend any decent ISA's or High interest savings accounts?
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