FabSwingers.com forum: Been overpaid... need advice....

By (user no longer on site) OP
over a year ago

I work for a agency but I am being paid through a umbrella company.

So I got a wage slip from agency telling me my X wage and I also got a email from the umbrella company telling me my X wage..

They have both paid me, only the umbrella company should of paid me...

Its only my second wage so my agency keep paying me until umbrella company put me on the payroll..

Will I get away with not telling the agency? Its a massive agency so I'm kinda hoping I can get away with it?

Instead of getting 189.00 Ive ended up with 270.00..

Should I just play thick or will they catch up? Do I have to repay it :S

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By (user no longer on site) OP
over a year ago

What happens if the same thing happens next week as well....!

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By (user no longer on site)
over a year ago

A no brainer.........better to give them that back now than thousands later when you can't afford to. Simples

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By (user no longer on site)
over a year ago

Do whats right and screw them they would screw you if it was the other way round

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By *horltzMan
over a year ago

heysham

270 isnt double of 189 , I would keep and plead ignorance

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By (user no longer on site) OP
over a year ago

Well I thought... just dismiss it but what if they ring me mid week and say I should of told them? Rekon they'd find out?

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By (user no longer on site)
over a year ago

talking of screwing hmmm !!!

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By (user no longer on site)
over a year ago

Put the difference in a savings account and leave it alone. If they call for it, you can give it back. If not, you've saved some money for a rainy day.

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By (user no longer on site) OP
over a year ago

"Put the difference in a savings account and leave it alone. If they call for it, you can give it back. If not, you've saved some money for a rainy day.

I thought about that, if it keeps happening just put it aside?

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By (user no longer on site)
over a year ago

Since you are aware of the overpayment, you are obliged to repay. I know that the law 20 years ago was that if you were unaware of the overpayment and had spent the money on normal day-to-day living expenses then you were not liable to repay.

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By (user no longer on site)
over a year ago

As a banker if it hasn't been taken back within 24 hours they need to ask your permission for it and you have no obligation to agree or acknowledge the fact

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By (user no longer on site)
over a year ago

Have they actually put it in your bank? I would explain and give it back, if you find out they will only deduct it from your next pay and you will get a big fat zilch. I know the money is piss poor but its better than nothing and an income coming in plus a job, won't bode well with the agency if they find out either I would think

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By (user no longer on site)
over a year ago

put it in an account. then if they reclaim it you got it. but leave it play ignorance and give it a few months. if they keep doing it save the money so you have it in case they realise

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By (user no longer on site) OP
over a year ago

Didn't realise they could just take it back?!

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By (user no longer on site) OP
over a year ago

I know, I feel dead guilty.. but what if they dont find out?! Its only 1 payment...

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By *a-ra-ra-boom-de-ayCouple
over a year ago

Wish it was the Algarve! Aberdeenshire

Me too! As the others said, just be ready for a phone call. Plead ignorance & don't spend the extra until a least a month or so if you can! Its not like its thousands. I'm sure others will have a different take on this but its your decision at the end of the day..

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By (user no longer on site)
over a year ago

"I work for a agency but I am being paid through a umbrella company.

So I got a wage slip from agency telling me my X wage and I also got a email from the umbrella company telling me my X wage..

They have both paid me, only the umbrella company should of paid me...

Its only my second wage so my agency keep paying me until umbrella company put me on the payroll..

Will I get away with not telling the agency? Its a massive agency so I'm kinda hoping I can get away with it?

Instead of getting 189.00 Ive ended up with 270.00..

Should I just play thick or will they catch up? Do I have to repay it :S

Agencies normally take a cut of your wages, perhaps 270 us the true wage you should have made before they took their cut? If that's the case it looks like they've been robbing you. Then again it could be that you are now responsible for your own tax and ni contributions, and this is your wage minus deductions. I'd personally 'fess up and see where I stand. Easy come, easy go.

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By (user no longer on site) OP
over a year ago

"Me too! As the others said, just be ready for a phone call. Plead ignorance & don't spend the extra until a least a month or so if you can! Its not like its thousands. I'm sure others will have a different take on this but its your decision at the end of the day..

I know I think its about 90.00 but I shit myself when I saw it haha I'm just gonna leave it in the bank and PRAY IT HAPPENS AGAIN HAHA Im due a full wage next week as well... lol!

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By (user no longer on site)
over a year ago

"A no brainer.........better to give them that back now than thousands later when you can't afford to. Simples"
yes your right and he will hold on to his job .. as see you as being truthful .

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By *adybee77Woman
over a year ago

MAMOBA, miles and miles of bugger all (Aberdeenshire)

Phone them and offer to repay it - what if being dishonest is found out? Makes you look bad.

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By (user no longer on site) OP
over a year ago

RIGHT SORTED. GOOD ADVICE GUYS. It's not thousands.. Ill just leave it in the bank ready for them to take back.. ill say i never noticed, i have various money avenues (biggest lie in history) and they are welcome to take it back...

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By (user no longer on site)
over a year ago

[Removed by poster at 06/06/14 15:14:56]

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By (user no longer on site)
over a year ago

"As a banker if it hasn't been taken back within 24 hours they need to ask your permission for it and you have no obligation to agree or acknowledge the fact "

That is how it stands contractually between him and the bank but not how it stands in respect of his liability to the agency companies.

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By (user no longer on site)
over a year ago

Stick in a savings account mate. That way it's there if they come asking and if they don't then happy days you might make half a penny in interest lol

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By (user no longer on site)
over a year ago

Common sense is such a virtue.

There'll be a paper trail. Accountants for either company will cross reference when they'll get audited. Just because the money's in your account doesn't mean it's yours.

You will be found out eventually, but good luck

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By (user no longer on site)
over a year ago

Repay it. May enhance your prospects with the employer if you do, and may harm your prospects with employer and agency if you don't. They may even let you keep some for being honest.

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By (user no longer on site)
over a year ago

Its called " retaining an unlawful credit "

Google it but basically

1. You receive a credit u are not entitled to in your account

2. You know its wrongful ( ie overpaid )

3. You do not take reasonable steps to repay

= offence

You have received some piss poor advice on this thread !

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By *oodmessMan
over a year ago

yumsville

if you are new - dont mention it and put it into an isa.

For all you know that is how you should have been paid!

To reclaim any money they should write to you informing you of such, at which poin call a meeting to query it - make em squirm a bit, then repay. Keep any interest. ?

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By *adybee77Woman
over a year ago

MAMOBA, miles and miles of bugger all (Aberdeenshire)

"Its called " retaining an unlawful credit "

Google it but basically

1. You receive a credit u are not entitled to in your account

2. You know its wrongful ( ie overpaid )

3. You do not take reasonable steps to repay

= offence

You have received some piss poor advice on this thread ! "

You've not long been in post and you are already thinking of stealing (by keeping it) and dishonesty... wow, employee of the month coming your way... or is that p45?

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By *hubnwife_36dd_ukCouple
over a year ago

chester

"Do whats right and screw them they would screw you if it was the other way round"

That's a bloody strange definition of "right" that you've got there my friend.

To the original poster: It's only your second payment which means you're a newbie to them. Of course they'll find out sooner or later, unless they've got a shit accounting system. The question is if you've got yourself a job in ad land do you really want to keep working there in the future? They catch you and you can kiss future employment contracts good bye. Is your future really only worth about 80 0r 90 quid?

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By (user no longer on site)
over a year ago

If it was a sum large enough to hide in luxury on the other side of the world, I'd have said 'go for it'

but the best course of action would be honesty. No having to wait for the boss to say 'can you come into the office' if you're honest now.

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By *hubnwife_36dd_ukCouple
over a year ago

chester

"Its called " retaining an unlawful credit "

Google it but basically

1. You receive a credit u are not entitled to in your account

2. You know its wrongful ( ie overpaid )

3. You do not take reasonable steps to repay

= offence

You have received some piss poor advice on this thread !

You've not long been in post and you are already thinking of stealing (by keeping it) and dishonesty... wow, employee of the month coming your way... or is that p45?"

Well said LadyBee

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By *inaTitzTV/TS
over a year ago

Titz Towers, North Notts

Legally you don't have a leg to stand on. They can reclaim the money without your permission through deductions in your wages. There is a paper trail, these things get checked on, if they haven't twigged on within a few weeks, I'll be amazed.

Give it back, you'll gain more.

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By *a-ra-ra-boom-de-ayCouple
over a year ago

Wish it was the Algarve! Aberdeenshire

I know I think its about 90.00 but I shit myself when I saw it haha I'm just gonna leave it in the bank and PRAY IT HAPPENS AGAIN HAHA Im due a full wage next week as well... lol!"

Hehe that's naughty!

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By (user no longer on site)
over a year ago

If it happened to me I'd just keep it. It's their mistake not yours, if they contact you just say you never noticed and give it back. Stick it in a saving account and forget about it....it's not a huge sum, chances are it might actually be yours anyway.

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By *uby0000Woman
over a year ago

hertfordshire

querie it with them very rare to get away with it and honesty goes in your favour certainly don't spend it just in case

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By *hole Lotta RosieWoman
over a year ago

Deviant City

I'd have to pay it back.....

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By (user no longer on site)
over a year ago

"Its called " retaining an unlawful credit "

Google it but basically

1. You receive a credit u are not entitled to in your account

2. You know its wrongful ( ie overpaid )

3. You do not take reasonable steps to repay

= offence

You have received some piss poor advice on this thread ! "

This all the way, fess up and be honest it will do you better in the long run

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By (user no longer on site)
over a year ago

fell for this myself, ended up in c/court but paid money back before had to go into court, after contacting citizens advice they told me that even if not your fault and possibly paid in error its theft! so no option bugger!

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By *ranny-CrumpetWoman
over a year ago

The Town by The Cross

I C.B.A reading every reply.

1. They have paid in error and have every right to have it returned.

2. Ignorance isn't innocence in the eyes of the law..... you will have to pay back eventually.

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By (user no longer on site)
over a year ago

"fell for this myself, ended up in c/court but paid money back before had to go into court, after contacting citizens advice they told me that even if not your fault and possibly paid in error its theft! so no option bugger!

The criminal offence of retaining a wrongful credit requires that the recipient knew of the payment. In this instance, he does know. So not only is he liable to repay in civil law, he has also committed a criminal offence. My serious advice to him is to 'fess up as soon as possible and repay the amount immediately. Any helpful poster on here suggesting anything different should think about the consequences that the OP may face. The potential consequences far outweigh the minimal benefit.

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By *icketysplitsWoman
over a year ago

Way over Yonder, that's where I'm bound

OP, tell them that you have received two payments of different amounts from different sources and you need to check what is going on and what you will be getting in future weeks.

It may be correct and you've been paid in advance for something. Unlikely but you never know.

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By *oxy_minxWoman
over a year ago

Scotland - Aberdeen

Contact them! It will have been a mistake, and do you really want a ccj on your file if you plead ignorance? Trust me, I deal with this stuff, and it is not worth it, because at the end of the day, keeping quiet about it is akin to stealing!

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By *alandNitaCouple
over a year ago

Scunthorpe

It could be that the agency owe you something.... Like maybe holiday pay?

Best would be to just ask them if they can explain it.

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By (user no longer on site)
over a year ago

Mate I'm in a similar position but for a larger amount. I have a phobia and haven't checked my payslips in around 5 years. I've recently found out I've been over paid for a chunk of that time. I'm waiting to find out what will happen but in my case, at the very least I'll be paying back for a few years to come.

It's not worth it.

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By *icked weaselCouple
over a year ago

Near Edinburgh..

Cant Believe Nobody has suggested to get yourself off down the Pub..

and then you can decide..

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By (user no longer on site)
over a year ago

If the agency have paid the umbrella as well as you, they will want it back.

Don't be surprised if your pay next week is net of the overpayment.

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By (user no longer on site)
over a year ago

Put the difference in a separate account ...just in case!

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By (user no longer on site)
over a year ago

Pay it back it will always be noticed through payroll and it's nice to show your the kind of honest guy you seem and anyway who wouldn't notice an overpayment

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By *ent_LifeMan
over a year ago

East Malling

Well if you put it aside and if they say something you have it, to pay it back.

Do you have any kind of contract it may say something about if this kind of thing happens

And legally you could consult citizens advice bureo or another free legal advice portal, then you may be ok to keep it

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By *ophieslutTV/TS
over a year ago

Central

I would be open and honest, however hard up I was. In a new job you need to settle in, and also avoid extra stresses. Being in fear of action wont leave you stress free and the situation could be discovered months down the line. Your income and future employment is important for your health and well being. So Id encourage you to seek it being sorted out for you. If youre short of cash, see what people who know you can do to help. Good luck!

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By (user no longer on site)
over a year ago

"I work for a agency but I am being paid through a umbrella company.

So I got a wage slip from agency telling me my X wage and I also got a email from the umbrella company telling me my X wage..

They have both paid me, only the umbrella company should of paid me...

Its only my second wage so my agency keep paying me until umbrella company put me on the payroll..

Will I get away with not telling the agency? Its a massive agency so I'm kinda hoping I can get away with it?

Instead of getting 189.00 Ive ended up with 270.00..

Should I just play thick or will they catch up? Do I have to repay it :S

Yes but the umbrella company should pay him not the temp agency; they should have paid the umbrella company but paid him by mistake

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By (user no longer on site)
over a year ago

"if you are new - dont mention it and put it into an isa.

For all you know that is how you should have been paid!

To reclaim any money they should write to you informing you of such, at which poin call a meeting to query it - make em squirm a bit, then repay. Keep any interest. ?"

No it isn't, as I've said before, the agency pay the umbrella company who then pay him

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By (user no longer on site)
over a year ago

It's already been covered I think on this thread but two things:

1) it is theft (criminal offence)

2) as much as it is tempting to keep and you may well get away with it, these things normally come back and bite

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By (user no longer on site)
over a year ago

Hold in bank account see what happens. Put it aside. Yes its not yours and all that malarkey but see what happens.

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By *B9 QueenWoman
over a year ago

Over the rainbow, under the bridge

"I work for a agency but I am being paid through a umbrella company.

So I got a wage slip from agency telling me my X wage and I also got a email from the umbrella company telling me my X wage..

They have both paid me, only the umbrella company should of paid me...

Its only my second wage so my agency keep paying me until umbrella company put me on the payroll..

Will I get away with not telling the agency? Its a massive agency so I'm kinda hoping I can get away with it?

Instead of getting 189.00 Ive ended up with 270.00..

Should I just play thick or will they catch up? Do I have to repay it :S

They have every legal right to ask for it to be repaid. I wouldn't spend it as you may end up in financial shit when they do.

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