recovery of overpayment

[Tman]

and if the employee has subsequently spent the money or used the money to change their lifestyle in some way (e.g. bought a car on HP).

Utter utter bollix.
Who wrote this misleading crap?

Employment Lawyers - thats why I provided a link so you could deduce the veracity of the information.

The next time you phone wages, ask them if having bought a car on HP constitutes a valid reason for not returning overpayments then. Best hold the phone away from your ear though, as the loud unexpected laughter might make you jump.

Even the greenest union rep or HR clerk knows that excuse is tripe. Shame a site with union content and material continues to promote such BS though, and potentially mislead employees like this.

Maybe you should "deduce the veracity" of the sites you quote.

[TrueBlueTerrier]

and if the employee has subsequently spent the money or used the money to change their lifestyle in some way (e.g. bought a car on HP).

Utter utter bollix.
Who wrote this misleading crap?

Employment Lawyers - thats why I provided a link so you could deduce the veracity of the information.

The next time you phone wages, ask them if having bought a car on HP constitutes a valid reason for not returning overpayments then. Best hold the phone away from your ear though, as the loud unexpected laughter might make you jump.

Even the greenest union rep or HR clerk knows that excuse is tripe. Shame a site with union content and material continues to promote such BS though, and potentially mislead employees like this.

Maybe you should "deduce the veracity" of the sites you quote.

1. I have never phoned wages I have never needed to.
2. We are not "promoting such BS" I mereley provided a link among various so that the OP was as informed as he could be.
3. Its not up to me to deduce whether the information is good or not thats up to each individual users.
4. If you don't like the site or the way its moderated why do you still insist on visiting and posting.

Most importantly for this thread:

5. The Car on HP is 1 of 3 conditions that have to met. I understood the brief by the lawyers as that you cannot use the change of lifestyle excuse without meeting the other conditions as well perhaps you read it differently.

PS I used to be a wages clerk in the RAF (16 years) so I don't consider myself green in HR matters even if my experience is not directly related to RM matters.

[Tman]

1. I have never phoned wages I have never needed to.

But you might, and when you do....

2. We are not "promoting such BS" I mereley provided a link among various so that the OP was as informed as he could be.

Even though the link was clearly rubbish?

3. Its not up to me to deduce whether the information is good or not thats up to each individual users.

True, up to a point.

4. If you don't like the site or the way its moderated why do you still insist on visiting and posting.

Why not? Or are you still on the old "hidden agenda, FFS" attitude that there's only one correct viewpoint of RM?

Most importantly for this thread:

5. The Car on HP is 1 of 3 conditions that have to met. I understood the brief by the lawyers as that you cannot use the change of lifestyle excuse without meeting the other conditions as well perhaps you read it differently.

No I read it the same way, but the other two conditions were that you should have had a wage slip and that the error wasn't primarily the fault of the employee.
So, those two, plus "I've spent the money" means no repayment? Yeah right.

PS I used to be a wages clerk in the RAF (16 years) so I don't consider myself green in HR matters even if my experience is not directly related to RM matters.

An RAF wages clerk? You adventurous devil, but I'm sure even the services wouldn't accept those three conditions as being enough to allow employees to keep money they weren't entitled to, but feel free to check with CAB, the union, HR,your MP and anyone else who'll listen.

[bogstandard]

i'm sure jaylime you phoned them on numerous occassions to inform them of what you percieved to be their error in overpayment and was told on each occassion that the money was yours to spend.
i am also confident that you told your own DOM and resourcing unit of what you believed to be an overpayment and were told the same thing as your many HR conversations.
i am sure that HR and your resource unit will recall with unerving accuracy conversations they had specifically with you about this overpayment and other issues raised during those first 12 months over 5 years ago, and they will all remember what they told you, and who the money belonged to.

[stokes11eg]

i'm sure jaylime you phoned them on numerous occassions to inform them of what you percieved to be their error in overpayment and was told on each occassion that the money was yours to spend.
i am also confident that you told your own DOM and resourcing unit of what you believed to be an overpayment and were told the same thing as your many HR conversations.
i am sure that HR and your resource unit will recall with unerving accuracy conversations they had specifically with you about this overpayment and other issues raised during those first 12 months over 5 years ago, and they will all remember what they told you, and who the money belonged to.

:I used to often get paid D2D's whist on holiday. I always notfied Management and i never had the money taken back. Sometimes it is possible not to be aware of overpayments etc.

[TrueBlueTerrier]

An RAF wages clerk? You adventurous devil, but I'm sure even the services wouldn't accept those three conditions as being enough to allow employees to keep money they weren't entitled to, but feel free to check with CAB, the union, HR,your MP and anyone else who'll listen.

I'll ignore the "banter" part because I only enter into Banter with people who know when and where its appropriate.

The RAF do have a system that covers all the points raised and IIRC the maximum deduction is 3% of basic salary but only with the written agreement of the airman/officer. In 2 cases I dealt with from memory the amount was written off, - although 1 was due to the death of the individual concerned so that wont count. The other IIRC was a JNCO who had various outgoings because of a past marriage and children and would have had no money to survive on. The overpayment was written off.

[Tman]

Obviously employers have some discretion with regards to chasing overpayments; they may feel the amount isn't worth it or that the employee will struggle, but that's not the point here.
That website (which looks to have more to do with selling proformas etc than giving legal advice) listed three pre-conditions which should lead to an overpayment being written off, but those three conditions- ( a payslip, no fault of the employee, and no money with which to repay the money) taken together are typical of the conditions that most employees who've had overpayments will have, so why would anyone be obliged to repay overpayments?

I can imagine RM paygroup in the coming months wearily reiterating the same message- "yes, we know you read it on the RMC forum but it ain't so, and you still owe us £X you weren't entitled to".

[barrychuckle]

Obviously employers have some discretion with regards to chasing overpayments; they may feel the amount isn't worth it or that the employee will struggle, but that's not the point here.
That website (which looks to have more to do with selling proformas etc than giving legal advice) listed three pre-conditions which should lead to an overpayment being written off, but those three conditions- ( a payslip, no fault of the employee, and no money with which to repay the money) taken together are typical of the conditions that most employees who've had overpayments will have, so why would anyone be obliged to repay overpayments?

I can imagine RM paygroup in the coming months wearily reiterating the same message- "yes, we know you read it on the RMC forum but it ain't so, and you still owe us £X you weren't entitled to".

Why were you obliged to accept the over payments. £25 a week, £100 a month, £6500 over 5 years. You must have known that you were being overpaid. In my book you've been very dishonest. Harsh words I know but I feel as posties we should be whiter than white and trustworthy. Am I on my own feeling this way or do other people agree.

[frontdesker]

i would appreciate any advice on this one comrades.i have recieved a letter telling me i owe £6.500 in overpayment as i have been getting 600 allowance for 5 years and only driving combos in that time.i dont mind paying it back but the repayment options are ridiculous,the lowest one is £52.00 a week.also the letters are almost like there from some big heavy handed debt recovery agency.i am prepared to pay £10 to £20 back a week.what i want to know is will they acceptmy offer and can they take money off me without my permission(i read that they cant) cheers for listening.JL

did you not get to keep you 600 allowance? did you pick another duty? you can tell agree to pay back what they overpaid you on a weekly rate, the same amount as they overpaid you weekly(ie.they overpaid you 20 week, you give them 20 a week)

[jaylime]

Sorry to drag up this old post but I had a very interesting conversation on saturday night with a friend of mine who works for Tesco.Firstly I have started paying back the overpayment at £20 a week which is ok.Now i have since found out that all the other drivers had theres written off because it was considerably less than mine.So after talking to my friend he said that because of this that it is discrimination against me as im the only one paying it back,or take an average of what the other repayments are and reduce mine by that amount.Just wondered what you all thought.If its worth it i might pursue it.

[POSTMAN]

Sorry to drag up this old post but I had a very interesting conversation on saturday night with a friend of mine who works for Tesco.Firstly I have started paying back the overpayment at £20 a week which is ok.Now i have since found out that all the other drivers had theres written off because it was considerably less than mine.So after talking to my friend he said that because of this that it is discrimination against me as im the only one paying it back,or take an average of what the other repayments are and reduce mine by that amount.Just wondered what you all thought.If its worth it i might pursue it.

I'd go for it,especially if the others have got away with it.