Can someone let me know if this is allowed.
I have received a demand from a previous employer, a university, via a debt collectors, for £380. The money goes back to Oct, Nov and Dec 2008 and relates to 'overpayment of holiday pay'. I have checked my pay slips against the copies that I asked the debt collectors to provide as proof, and yes I was paid the amounts. But on what grounds can they ask for it back? And isn't four and a half years ago a bit long to be demanding (they've threatened me with a CCJ) repayment? Any help/advice much appreciated.
Best advice is to seek legal advice and contact your previous employer. Have you moved since leaving? Do they have current contact details?
Over payment of wages then yes they can ask for it back, if you were still employed by them they could take it off your pay. Seems funny that they've never contacted you by any other means though.
yes I have moved since leaving but the debt collectors have managed to find me and yes they have current contact details
I'm not employed by them any more, haven't been for three and a half years
does the Uni have the current details or the collectors? If it's owed it's owed. Ask for a full breakdown and details to be provided and ask the Uni for the same. Once you have these you have the info to either pay or contest.
You don't need to be employed by them at the time you were and they over paid you they want that back but it seems over the top if that they have called in debt recovery without first asking you for the cash.
isn't four and a half years ago a bit long
The cut-off is six years, after which time it becomes "statute barred" and unenforcable. This time scale resets if you admit to the debt. So yes, they can ask for it.
After that length of time though it seems curious that they'd go straight to threats without simply asking for it first. Have you had previous correspondence?
Ordinarily I'd say that it's a third party company who are chancing their arm and suggest telling them to do one (there was a thread here a week or so back, search back). However, if they've provided proof of the debt and you're pretty sure it's correct, I don't think there's a lot you can do other than suck it up.
I'm with your employer on this one.
They may have been trying for a while to contact you without you knowing if you have moved.
They will have instructed a collection agency who will have carried out a search and subsequently tracked you down.
If it was me I would be be peeved but a fair cop is just that as is your situation.
Propose a re-payment plan and see what they say.
yes it seems that you're right. just called CAB who put me on to ACAS and my best bet it to offer a re-payment plan. ACAS also said to have a look at my contract and see if there is a technicality but I no longer have a copy. Oh well, thanks for the advice.
Will have cost them more trying to claim it off you than they will actually get back....
Asking for a copy of your contract is a perfectly reasonable request you know...
Irrespective of whether or not the employer is entitled to collect its pretty small minded to pursue such a small debt (to the university presumably) when the error was theirs. Thatcher's Britain lives on...
Will have cost them more trying to claim it off you than they will actually get back....
The Uni won't get anything back, they will have sold the debt on at a low rate, eg 10p in the £, and the debt collection agency is just taking a punt that it can get some money back off you.
The cut-off is six years, after which time it becomes "statute barred" and unenforcable
I think if it takes someone more than six years to notice the error thats one thing - if they knew of the error earlier and have been looking for you (or if you evade them) for years thats something else.
[i]my best bet it to offer a re-payment plan[/i]
Yeah- pay as little as possible for as long a period as you can!
I was overpaid by 2 previous employers (1, coincidentally a uni too), luckily neither have come for it in the cut-off period.
get advise asap at least you can come to a financial arrangement
as others have said, the uni have sold this debt for a pittance to the bottom feeding debt company. Given that you don't dispute the debt, (however petty) I would suggest making a cheeky offer for full and final settlement of say, half the amount. Given the way these firms work and their actual success rates of getting money out of people, Theyll probably snatch our hand off. MAKE SURE that you get 'full and final settlement' in writing though, it would be frustrating to do this then for them to continue to chase you for the balance...