My Last Contact Double Paid Me...Now They Want It Back!

[Kalinikta]

Hi, im looking for some advice please if possible. My last contract I was in was 3 months long. I have since finished that contract 3 months ago, and am in a new contract.

I get a phone call out of the blue yesterday from the ex contract saying they have been paying me twice. I assured them this isnt the case, but I said I would check my bank. When I checked, I actualy found that yes, they had been paying me twice, once through my umbrella company, which is correct, and then from anywhere around 2 days to 3 weeks later id receive a payment DIRECT from the employer as well. Now because my outgoings are quite high, and the payments never arrived at the same time, I genuinely never realised that I was being paid twice.

So, I told them that, yes I have been paid twice. The woman on the phone then said we will need that money back. I laughed and said I simply do not have it, I have spent it, used it for living, paying the rent, family etc.

She then she said would you be able to make monthly payments? At this point I said I would need to consult some legal advice, as it is their mistake, and I do not have the 7 grand or so they want back. So I have left it that they go find out what this 'payment plan' is supposed to be and I will decide what I am going to do.

I have checked all my email correspondence and can clearly see it is an administrative error their end which has caused this, they took my umbrella bank account details, and then also asked for my bank details and address; and took those as well. I didnt think anything of this at the time.

So, where do I actualy stand with all this? I really did not take advantage of them, I had no idea I was being paid twice, and dont feel that I should give them anything back at all; especially as its taken them 3 months to come back to me with this!

Any advice would be really appreciated....cliffs below:

3 month contract finished
3 month gap between then and now
Ex employer comes to me and says they double paid me
I check, and they have
They want all this money back
They have offered me payment plan, but no details
I have not decided anything yet

Thanks

K

[cojak]

Pay it back - it wasn't yours in the first place.

[Alan @ BroomeAffinity]

I laughed and said I simply do not have it, I have spent it, used it for living, paying the rent, family etc.

Well done. Pay it back. Its outrageous that you should think you'd get any other advice here.

[Maslins]

I'm sure I've accidentally double paid a supplier at least once in my life. If they turned round and said "we're keeping it cos it was your mistake" I wouldn't have been very happy.

Whilst I understand you saying it was their mistake for paying you twice, it was also your mistake for having double your expected income for 3 months, not noticing, and spending it all.

I don't think you'll have any legal right to retain the money. Sounds like they're being very reasonable about it offering you a repayment plan.

[NotAllThere]

Now you know about the mistake, if you don't pay it back you will be committing theft. You have to pay the money back. If cashflow doesn't permit this, then you must agree installments.

I find the statement that you spent £7K without noticing it is rather at odds with your statement that you can't afford to pay it back. But then I'm remarkably suspicious.

[NickNick]

On this point, pay it back.

On a slightly related note, didn't I read that in Australia that if this happens and you spend the money on living expenses then it has to be paid back, but if you spend it on luxury items, then it's yours to keep?

[Kalinikta]

Yes I genuinely didnt notice I was being paid twice. If I did, then yes of course I would be dishonest. I wouldnt come here and make a thread about it if so.

I am just asking advice on what I should do, as I have said my outgoings are high, and because the payments were staggered I just didnt think anything of it. If any of the payments had come in AT THE SAME time, then I would have thought it odd.

I dont think its unreasonable for them to ask for it back, but its not unreasonable for me to not have 7 grand available to pay it back; I didnt notice and its been 3 months since I left.

K

[SarahL2012]

Pay it back!

So, I told them that, yes I have been paid twice. The woman on the phone then said we will need that money back. I laughed and said I simply do not have it, I have spent it, used it for living, paying the rent, family etc.

She then she said would you be able to make monthly payments?
K

I was recently paid twice by a client when they entered my invoice onto the system x 2 with slightly different references. I spotted it before they did (I don't have that many incoming receipts into my bank account to miss it - and I'm really not convinced you didn't spot the double payment either) and arranged to pay it back.

Basically the money isn't yours and they have the right to get it back off you. If they are offering you a payment plan then that is more than acceptable and I think you should take it before they take legal action to recover their money. If they take legal action then you could end up with a black mark against your name preventing you from getting future work - is that worth it?

[Support Monkey]

Pay it back - it wasn't yours in the first place.

WCS, Its not your money and never was so you will need to pay it back, i have been in this situation twice before and you don't have a leg to stand on, you received your money for work done as per contract the rest was a mistake, the money is not rightfully yours and every court in the land will make you pay it back so your best bet is to cut a deal to pay it back at a reasonable rate you can afford

Also and you will not want to hear this but as a contractor you realy need to keep more control on your business

[StellaFan]

but its not unreasonable for me to not have 7 grand available to pay it back; I didnt notice and its been 3 months since I left.

Hence why they have been reasonable and offered you the opportunity to pay in instalments