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

[northernladuk]

The basic concept is that you'd have to argue you've put yourself into a 'worse' position due to you receiving the unjust enrichment. The fact that you are now worse off than before is not a defence, there needs to be a link between the additional money and you being worse off, for example you received an extra £1000 in your pay and thinking it was a bonus, you proceed to invest it in shares that then take a tanking and you lose the money. You'd really need to consult legal advice if arguing that and be prepared for the other side to sue you, if they win as it is >5K you would be liable for all costs, however if you won they would be liable for yours.

Very interesting post so thanks for taking the time. This is very true but the fact it happened over a number of months they would only have to prove he logged in to his bank once, or got a mini statement, or infact had a postal one to prove he has seen it. I thought negligence on his part weakens his case considerably? We are talking about doubling his income here for 3 months, not a one off payment.

To conclude, you have done nothing that is morally wrong. If, as you state, you honestly had no idea you were being overpaid then you there is an argument that you should not be liable for their mistake. To use as an example, a bank overpays you £25000 into your account. You notice it and before you can report it to the bank your account is hacked and the £25000 is stolen. Does anyone here honestly think that the person in question should still be liable for the £25k?

This is a different and I don't think a valid case. Of course he is not liable in your question but if he hadn't got hacked and spent the 25k he would, which is much more along the same lines as the OP. You example involves stolen money, that is just not the case here. Not sure why you used this one.

Interesting stuff though.

[Incognito]

Very interesting post so thanks for taking the time. This is very true but the fact it happened over a number of months they would only have to prove he logged in to his bank once, or got a mini statement, or infact had a postal one to prove he has seen it. I thought negligence on his part weakens his case considerably? We are talking about doubling his income here for 3 months, not a one off payment.

Not really, it's not the action of being aware of receiving the extra money, it is the action of being aware it is extra money if you see what I mean.

This is a different and I don't think a valid case. Of course he is not liable in your question but if he hadn't got hacked and spent the 25k he would, which is much more along the same lines as the OP. You example involves stolen money, that is just not the case here. Not sure why you used this one.

Interesting stuff though.

Both examples are examples of unjust enrichment and the defence of change of position.

[GoodPrognosis]

Me too (almost)

Well everyone has to have a first post ...and this thread reminded me of a time when something similar happened to me.

One morning I discovered just over £8k in my account that I was not expecting. It arrived all at once the previous evening.

It was from my current contract but strangely the reference number and payer name were very slightly different than I was used to. So I wandered straight down to accounts... who had no idea. I ended up meeting one of the payroll guys, someone from HR, someone from finance. I spent all morning on it and eventually I had to go and do some work.

About 3 days later they let me know that they'd found it. They'd stapled my details to something in error... I didn't really understand it but what I do remember clearly is them saying they would NEVER have found the error without me coming forward.

So ...err... personally yeah I'd hang on to 'mistakes' just in case. But certainly you can't spend them!

In conclusion I offered to repay the money in any way they wanted - but they already had the cash. They'd contacted MY bank who had given them the money immediately. So much for my dreams of a repayment plan...

GP.

PS You guys have emoticons for every occasion!

[d000hg]

I think we're lucky our law protects us from the company simply demanding the money back RIGHT NOW which is what the business would want.

Imagine running a small business and being down £7k you have to negotiate to get back

[speling bee]

I think we're lucky our law protects us from the company simply demanding the money back RIGHT NOW which is what the business would want.

Imagine running a small business and being down £7k you have to negotiate to get back

I expect the company could go to court right now and win a judgment. Don't know how it would play out. The company is being very reasonable.

[Mich the Tester]

Erm, how does one reach the point of not noticing an extra 7 grand on one's bank account? (assuming a hard currency and assuming you're not Sasguru, obviously)

[Incognito]

I think we're lucky our law protects us from the company simply demanding the money back RIGHT NOW which is what the business would want.

There's nothing stopping the company from proceeding to Court. Nice first letter, nasty second letter, letter before action, claim filed. From then, about 3 to 4 months to get a hearing date, couple of hours in Court, end result £7k + interest (currently at 8%) + legal fees ~ £2k. The question is, is it recoverable, depends on OPs assets.

I tell you what would be interesting, is if the OP had a Ltd with a couple of small contracts, same thing happens. OP can rightfully argue he doesn't take notice of company bank until accounts are done. If the Ltd have paid out dividends because they think profits are good, then there would be a very good chance the company would not be able to recover. You could even just dissolve the Ltd and walk away. Might research that when I've time.

[BolshieBastard]

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

Right, so you expect us to believe you have high outgoings but never check your account to make sure you arent overdrawn \ about to go overdrawn \ have been paid so you'll know if you're overdrawn?

Erm, OK.

And you want to know if you should \ need to pay back money you received, in error, that you have spent?

Are you really, really serious?

I suggest you get saving.

[speling bee]

There's nothing stopping the company from proceeding to Court. Nice first letter, nasty second letter, letter before action, claim filed. From then, about 3 to 4 months to get a hearing date, couple of hours in Court, end result £7k + interest (currently at 8%) + legal fees ~ £2k. The question is, is it recoverable, depends on OPs assets.

I tell you what would be interesting, is if the OP had a Ltd with a couple of small contracts, same thing happens. OP can rightfully argue he doesn't take notice of company bank until accounts are done. If the Ltd have paid out dividends because they think profits are good, then there would be a very good chance the company would not be able to recover. You could even just dissolve the Ltd and walk away. Might research that when I've time.

And with the smell of CCJs, the OP should talk very nicely to the company and agree a schedule and stick to it.

[Mich the Tester]

Don't pay it back.

I have no legal basis for this comment whatsoever. But I assumed it was the advice you wanted to hear.

You must spread some Reputation around before giving it to BrilloPad again.