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Old 23-10-2013, 20:02
Nuggets69
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Today I received this letter:

http://i42.tinypic.com/ncnl3n.jpg


I just want some advice on whether I am actually obliged to pay this/if they will bother taking me to court etc..
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Old 23-10-2013, 20:03
Darcy_
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Yes you are obliged to pay it, it wasn't rightfully yours, however they can't make you pay it back all in one go and will most likely agree a repayment plan.
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Old 23-10-2013, 20:07
Nuggets69
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Yes you are obliged to pay it, it wasn't rightfully yours, however they can't make you pay it back all in one go and will most likely agree a repayment plan.

But surely it was their error that they granted me holiday and they should have been the ones to notice that I didnt have any holiday hours remaining?

Despite that, on my last paycheck, it says I have 5 holiday hours remaining.
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Old 23-10-2013, 20:09
Nuggets69
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Also, how can they make me?
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Old 23-10-2013, 20:10
shhhhh
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If they had underpaid you would you be wanting them to pay back what they owed you?
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Old 23-10-2013, 20:10
rjb101
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But surely it was their error that they granted me holiday and they should have been the ones to notice that I didnt have any holiday hours remaining?

Despite that, on my last paycheck, it says I have 5 holiday hours remaining.
May be their error, but you still owe them the money
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Old 23-10-2013, 20:13
Nuggets69
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Okay, well then if I dont pay it back, what can they do to me? Is there any laws on situations like this?
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Old 23-10-2013, 20:17
Muttley76
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Okay, well then if I dont pay it back, what can they do to me? Is there any laws on situations like this?
I think you have to ask yourself if it's worth any potential hassle over 50 odd quid, and bear in mind ASDA have a whole legal department at there disposal....
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Old 23-10-2013, 20:19
Migster
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Okay, well then if I dont pay it back, what can they do to me? Is there any laws on situations like this?
Well they could take you to court, though I doubt they'd bother over such a small amount. More likely that they would do nothing or pass the matter on to a debt collector (who wouldn't be able to do much other than hassle you).

Don't count on getting a reference from them in the future though.
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Old 23-10-2013, 20:21
Muttley76
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Well they could take you to court, though I doubt they'd bother over such a small amount. More likely that they would do nothing or pass the matter on to a debt collector (who wouldn't be able to do much other than hassle you).

Don't count on getting a reference from them in the future though.
of course if it's passed to a debit collector theres the impact on your credit rating......

like I said, surely not worth it over 50 odd quid that doesn't even belong to the OP in the first place?
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Old 23-10-2013, 20:25
iCandy77
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If it is passed to a debt collector it could end up costing you a great deal more than 56
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Old 23-10-2013, 20:34
woodbush
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Okay, well then if I dont pay it back, what can they do to me? Is there any laws on situations like this?

They have offered a repayment plan if you phone the number on the letter.

They may well take you to court if you don't pay it.
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Old 23-10-2013, 20:39
Migster
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of course if it's passed to a debit collector theres the impact on your credit rating......
I'm not sure that would necessarily follow. It's not a debt as a result of a credit agreement, so I'm not convinced they could register a default on your file. It could end up as a CCJ, but only if they took you to court and won, and then you didn't pay up within 28 days (or whatever the time-scale is).
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Old 23-10-2013, 21:24
Muttley76
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I'm not sure that would necessarily follow. It's not a debt as a result of a credit agreement, so I'm not convinced they could register a default on your file. It could end up as a CCJ, but only if they took you to court and won, and then you didn't pay up within 28 days (or whatever the time-scale is).
Regardless, why would anyone with a lick of sense take the risk over 50 odd quid of money that doesn't even belong to them? You'd have to be nuts not to just cough up. A big organisation like ASDA may well be prepared to pursue this quite hard just as a principle, even if it costs them more to do so. I've seen it before plenty of times.
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Old 23-10-2013, 21:24
gold fire 201
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Would you want this overpayment issue included in any job references for the future if you declined to repay it ?.
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Old 23-10-2013, 22:02
Rockville
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The law is on their side. Who knows what lengths they will go to to recover the money. If the losing party has to pay costs, they may even take it to court because, even though it is their mistake, the law is on their side.
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Old 23-10-2013, 22:07
Alan1981
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My work overpaid me 1200 a few years ago and I agreed to pay it back at 5 a week. In the end they told me not to bother
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Old 23-10-2013, 22:18
Hypnodisc
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Regardless, why would anyone with a lick of sense take the risk over 50 odd quid of money that doesn't even belong to them? You'd have to be nuts not to just cough up. A big organisation like ASDA may well be prepared to pursue this quite hard just as a principle, even if it costs them more to do so. I've seen it before plenty of times.
Surely this is completely the wrong way to be thinking though? It's no wonder everybody is so blindly compliant (in many cases paying things they don't even need to) if this is the attitude you and others hold.

I'd see things the other way round.. ASDA is a huge company, making loads of money.. I'd call their bluff, I can't believe they'd waste their time, energy and money recovering such a poxy amount.

As already pointed out, in theory, they could get debt collectors on the case, but as the amount wasn't run up in a credit agreement I wonder whether they would be able to get a CCJ or even an enforceable court order demanding repayment?
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Old 23-10-2013, 22:21
Muttley76
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Surely this is completely the wrong way to be thinking though? It's no wonder everybody is so blindly compliant (in many cases paying things they don't even need to) if this is the attitude you and others hold.

I'd see things the other way round.. ASDA is a huge company, making loads of money.. I'd call their bluff, I can't believe they'd waste their time, energy and money recovering such a poxy amount.

As already pointed out, in theory, they could get debt collectors on the case, but as the amount wasn't run up in a credit agreement I wonder whether they would be able to get a CCJ or even an enforceable court order demanding repayment?

But the bottom line in this case is that it isn't the OP's money to keep, it's not like they are asking them to return money not owed to them. I find it hard to advocate for someone (anyone) to keep something that doesn't belong to them.

And yes, I would not be in the least surprised if they did pursue it. No skin off their nose really. I've seen it many times before.
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Old 23-10-2013, 22:23
Migster
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...I wonder whether they would be able to get a CCJ or even an enforceable court order demanding repayment?
If you owed me 50 and refused to pay me back, I could sue you and obtain a CCJ, so I don't see why ASDA couldn't, though as you say, I'd doubt they'd waste their time as it would be more cost effective to just write the sum off.
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Old 23-10-2013, 22:31
Rockville
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Surely this is completely the wrong way to be thinking though? It's no wonder everybody is so blindly compliant (in many cases paying things they don't even need to) if this is the attitude you and others hold.

I'd see things the other way round.. ASDA is a huge company, making loads of money.. I'd call their bluff, I can't believe they'd waste their time, energy and money recovering such a poxy amount.

As already pointed out, in theory, they could get debt collectors on the case, but as the amount wasn't run up in a credit agreement I wonder whether they would be able to get a CCJ or even an enforceable court order demanding repayment?
There are specific laws to do with overpayment of wages in error though. The law states that the money must be paid back. Call their bluff if you wish, but the law is on their side should they choose to enforce it.

For 56? Why bother poking them with a stick?! It's not a hill I would die on!

ETA For the record, if they had taken 56 of mine (or the OP's), I would say pursue it of course. But they haven't, they have overpaid by mistake and want their money back.
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Old 23-10-2013, 22:33
Hypnodisc
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But the bottom line in this case is that it isn't the OP's money to keep, it's not like they are asking them to return money not owed to them. I find it hard to advocate for someone (anyone) to keep something that doesn't belong to them.

And yes, I would not be in the least surprised if they did pursue it. No skin off their nose really. I've seen it many times before.
I know what you mean but enough big companies and corporations in this world have ripped me off and screwed me over. The whole world is just there to effectively rip off everyone else.. I wouldn't ever feel any moral obligation to pay such an amount to a company like ASDA, a bank, a multinational etc.

Small local businesses or the tax-payer? That's different. But ASDA is a private company and they can absorb that loss with ease.

If I knew I could get away with it I'd shoplift from places like this, I couldn't feel morally bad about it. They're exploiting too many people and making too much money out of it.. why would I ever feel bad?

If you owed me 50 and refused to pay me back, I could sue you and obtain a CCJ, so I don't see why ASDA couldn't, though as you say, I'd doubt they'd waste their time as it would be more cost effective to just write the sum off.
Ah but if I paid you 50 by accident and then asked for it back I'm pretty sure you wouldn't be obliged to give it to me - that's the difference.. it was my understanding for a CCJ you needed a signed credit agreement whereby the person in debt had agreed the money was to be paid back. With an overpayment/accidental payment there's no contract, signature or proof.. there's no agreement that the money was ever to be paid back.

I'm by no means an expert so this could be wrong, but it was just my understanding that this is the key difference here.
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Old 23-10-2013, 22:40
Muttley76
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I know what you mean but enough big companies and corporations in this world have ripped me off and screwed me over. The whole world is just there to effectively rip off everyone else.. I wouldn't ever feel any moral obligation to pay such an amount to a company like ASDA, a bank, a multinational etc.

Small local businesses or the tax-payer? That's different. But ASDA is a private company and they can absorb that loss with ease.

If I knew I could get away with it I'd shoplift from places like this, I couldn't feel morally bad about it. They're exploiting too many people and making too much money out of it.. why would I ever feel bad?
I think in an advice forum it's better to take personal grievances out of things though. Bottom line is the law is against the OP, and its not good advise that they take a stand against a company when they are on such shaky legal, and, truthfully, moral, ground.
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Old 23-10-2013, 22:53
davidmcn
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Ah but if I paid you 50 by accident and then asked for it back I'm pretty sure you wouldn't be obliged to give it to me
No, it's still repayable - Google "unjust enrichment".

it was my understanding for a CCJ you needed a signed credit agreement
You might be getting confused with CCA, i.e. the Consumer Credit Act. A CCJ is just a County Court Judgment - which could be to do with a credit agreement, or could be about something completely different.
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Old 23-10-2013, 22:57
Hypnodisc
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No, it's still repayable - Google "unjust enrichment".



You might be getting confused with CCA, i.e. the Consumer Credit Act. A CCJ is just a County Court Judgment - which could be to do with a credit agreement, or could be about something completely different.
That's fair enough, thank you for clarifying
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