overpayment

[UKPhil]

Hi guys, just found this forum and thought you might have some advice...

Earlier this year I was contracting through an umbrella company and due to a timesheet cockup, the Umbrella invoiced the agency for 0.5 days too much one month. The Umbrella have since stopped offering that service and I have moved to another one. Recently, I received a threatening letter from the agency's solicitor demanding I repay the money for the 0.5 days. I was rather surprised, as the agency had made no effort to contact me directly before making this threat. It transpires that they have been trying to contact the old umbrella company who have been ignoring their letters, so they are coming after me directly.


If I have received an overpayment, I am of course happy to refund them, but not the VAT, TAX, NI, etc. that the umbrella would have deducted before I got my cut in my monthly salary.

Are they just trying to bully me into paying money that should really be sorted out between themselved and the umbrella? Its only a small amount but its the principal of the thing!

cheers
Phil

[Crossroads]

...due to a timesheet cockup, the Umbrella invoiced the agency for 0.5 days too much one month. The Umbrella have since stopped offering that service and I have moved to another one. Recently, I received a threatening letter from the agency's solicitor demanding I repay the money for the 0.5 days. I was rather surprised, as the agency had made no effort to contact me directly before making this threat. It transpires that they have been trying to contact the old umbrella company who have been ignoring their letters, so they are coming after me directly.


If I have received an overpayment, I am of course happy to refund them, but not the VAT, TAX, NI, etc. that the umbrella would have deducted before I got my cut in my monthly salary.

Are they just trying to bully me into paying money that should really be sorted out between themselved and the umbrella? Its only a small amount but its the principal of the thing!

cheers
Phil

1. Are you still at this client (I assume not)
2. What was the nature of the "timesheet cockup". Did you claim for the wrong amount of hours / days?
3. What the Umbrella invoiced the Client, and the Client paid is not necessarily your problem (see 2 above).
4. Specifically what are the Client claiming you should pay - the entire 0.5 day?
5. Have you contacted the umbrella?

[UKPhil]

I left the client in May on good terms. My umbrella company invoiced for a full day because I had emailed them a timesheet to that effect (my mistake) and the subsequent paper copy correctly reflected that it was a half day so I am not disputing the overpayment. Its the issue that they were asking me directly for the full amount, including the VAT and other deductions which I would never have got in my salary. I have actualy contacted the agency directly today and they sounded quite helpful so hopefully it will get sorted out between us.

cheers
Phil

[Bluebird]

you should be able to sort this out with the agency, although I'd mention that the cock up is not of your doing and really they've wasted your time by contacting you directly when it's not really anything to do with you.

You could say that if the umbrella company have overpaid - you'll pay them back - thats how it should happen anyway, as for them bullying you - yes they are.

[Bigbird]

The Agency's contract for the supply of your services was with your umbrella, not you personally. Any overpayment has been made to your umbrella, not you personally. They should be reclaiming it from your umbrella, they have no legal basis to try and reclaim it from you personally.

If they successfully reclaim it back from the umbrella, the umbrella may ask you to repay them, but until that happens you don't owe anybody anything.

Yes they are trying to bully you, and hoping you don't understand the legal basis on which you were working through your umbrella.

Tell 'em to go jump. They should've checked the timesheet with the client before they paid your umbrella..........