# Overpayment of final salary



## cunninst (5 Dec 2006)

Hi guys, if you are overpaid in your final salary after you leave a company, do you HAVE to return the money? I know it would be the right thing to do, but I was just wondering if there is a law that says that you must? Does anyone know of someone being taken to court over this?


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## Cashstrapped (5 Dec 2006)

Are you sure you were overpaid and its not a fact of you getting paid for holidays due to you?

I think you'd be better off go back to your former Employer and query it, surely it has to be better than waiting for a call from them.  I personally would be considering the implications it could have on any future reference you may need from them for future employment prospects and at the end of the day if it's not your money then it's just NOT your money!


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## MsGinger (5 Dec 2006)

Yes, you do have to repay it if they realise within 6 months, but if you have left the company, they must pursue it with you the same as they would any other creditor.


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## cunninst (5 Dec 2006)

I was actually let go. It wasn't for anything bad, and not on bad terms at all. But they sent me a letter shortly after saying they had overpaid me in error.  It wasn't holidays. I was definitely overpaid. I was really short in cash at the time and so i (stupidly) ignored the letter hoping that they would go away. That was 2 months ago. Now, my conscience has finally gotten to me, (and i can almost afford to pay it back), so i'm going to, which is the right thing to do. I won't be able to pay it in all one go. Probably over the next couple of months. So i reckon i'll get the first installment ready and just go to them with it. 

Would they bring me to court had i not havepaid? (it was 1700 quid) I just don't want to end up saving up the cash, and then get a court summons or something.


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## Cashstrapped (5 Dec 2006)

I wouldn't imagine they would if you showed them you are genuinely trying to repay it to them.  First thing might be to repay what you can at the present time because otherwise you'l find yourself dipping into it over the Christmas and you will still owe it to them.  The fact that they realise they have overpaid you means it will be noted somewhere on their system.  If you were let go but as you say yourself on good terms I would be making every effort to get this sorted sooner rather than later, and I'm sure you will feel relief when its finalised too.


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## Ravima (7 Dec 2006)

I was in the same fortumate position and paid them back after 3 months. you must pay back, but ask for time and if you want ask for an installment repayment system, to really upset them.


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