LittleHobo

I am looking for some advice??

I have just got off the phone to my mum and she has received a letter from my last employer in the UK. Basically they over paid me by four days when i left.

My mum has just received a letter from a solicitor requesting the money back or they are going to take me to court! . It is for £229.22

Am i right in thinking that they cant persue court proceedings because i am no longer in the country? I have sent them an email advising them, again, that i am not in the uk and not to send my mum threatening court letters....

Has anyone had any experience in this before?

TIA
LH x

DrWho

Why do you think that just because you are no longer in the UK someone cannot take you to court...? There is a reciprocal agreement between the UK and Australia whereby a judgement obtained in the UK can be enforced in Australia, and vice versa... It's only £200 odd... Would have thought it's worth paying just for your Mum's peace of mind...!

LittleHobo

I wanted to know where i stood. Thanks

Wendy

Tell them you will pay $10 per month, not much they can do about it. Do not give them your new address

Flutterby

I think they are being a bit heavy-handed with this. Generally if they have overpaid you and you genuinely believed that the money was yours (so it wasn't outrageously more than you would have expected anyway), then it is too bad.

This has happened in my workplace loads of times due to people not informing us someone has left, we generally try to recover the money but if we don't get any joy then we don't pursue it. The legal costs would exceed £200 and is hardly worth their while.

If I were you, I would write back and explain that you genuinely thought that your wages were correct and that the error was theirs. Or you could offer to do what Wendy suggests and pay them back a very small amount each month.

The Woodcutter

The ball is in your ex-employer's court. Legally they have a right to claim back the overpayment.
The issue is whether on a practical level they would wish to pursue it as you are out of the country, and they can if they so wish. However, my gut feeling is they would probably write it off.

LittleHobo

Thanks for your positive responses. It was the first letter my mum recieved from them and it was very heavy handed. As soon as she contacted me i emailed them to say i was out of the country etc etc and to not send the letters to my mum's address. I have not given them a forwarding address but they have my email address to respond to. So the ball is in their court.

Thanks again. Kate

FluffyTheCampfireSlayer

I would confidently say here that the chances of them pursuing this are very very slim!

As someone else mentioned, the amount in dispute is low - court costs will equal and possibly exceed this amount! You can either tell 'em to go swivvle or do what Wendles said and offer to pay 10 bucks a month!

Wheeler-Jones

I was overpaid a month (the knuckleheads).

I was asked to give it back (and I was in another country). I did because 1, I knew they had so didn't spend it and figure they would notice eventually and 2, I thought it best to keep them sweet as references needed and all. But I was happy to keep if for as long as it took them!

I would say 'sure I will pay you back but as it's your error it's going to be in my own time'. Why should you be short due to their stuff up.

I would think that they wouldn't chase it, but I once didn't pay a fine at Blockbuster in the UK and the bleedin tracked me to Canada and sent me a threatening letter for £3.95 - said that they would chase it and all fees would be charged to me also!

Russ_Sarah

i agree with Wendy above...

offer to pay it back at $10/per month...tell them you are starting up your new life and simply cant afford to pay back any more than that at this moment in time..make sure you tell them that you fully intend to pay them the money back...but simply cant afford to pay it off in one go...

that way they cant really start court proceedings against you either..

minibelle

Tell them you have it in your purse and they are very welcome to come and get it. Ask them to bring some Bisto and Galaxy with them. (might as well make themselves useful).

minibelle

swanny

Vanessa

Did they actually right to your mother about your debt or was the letter to you but she opened it?

LittleHobo

She actually opened it. Does that make a difference?

Wendy

Well yeah it does. You haven't actually recieved the letter, so how do you know what it says.

If you don't live at that address, then the letter should be posted back to them unopened with a 'not at this address' thing on the front