Who’s had to deal with this before?
Got overpaid apparently back at the start of the year just before leaving.
They have been trying to get it back for months now.
Bit annoyed as they are using a debt collection agency for £200 and they say I cant speak to my previous employer as they are managing it.
I asked for my contract to prove liability and they tell me I have to speak to my previous employer for it. 
Told them the onus is on the employer to prove liabity of the debt as an over-payment is the fault of an employer and proof would be in my contract of liability.
Seems to have kept them quiet now.
I’d usually just pay it but the figure was £400 before because they made an error in calculating it so I doubt I even owe the £200.
Ironically I left another employer owing over £1000 and never heard a thing.
Anyone else had any similar experiences?
The debt collection…
Agency will have bought the ‘alleged’ debt from your employer for tuppence in the pound. You owe the debt collection agency nothing.
Don’t communicate with them, they are trying to establish joinder. They will stick ludicrous fees on and all of a sudden, your ‘alleged’ debt is now a thousand pounds.
If you have started talking with them, ask them when did they lend you £200? They will of course reply ‘we didn’t lend you £200’ therefore it follows you don’t have to pay them £200. Ask them for proof of the debt (don’t bother with the wet ink contract crap) ask them for actual evidence of the ‘alleged’ over payment. They will not be able to provide it, but they’ll also say they don’t have to, they do have to provide it. You can’t simply walk into a court of law and say ‘he owes me money’ the court would want proof and they can’t provide it.
They have no powers whatsoever despite them telling you do, they don’t.
Go onto Ytube and hava a look at how some people take the ■■■■ out of them on the phone and also at council bailiffs on the doorstep.
Remember it’s an alleged debt. They have to prove you owe them and quite simply, you don’t.
source ex certificated bailiff and debt collector
That’s basically what I have said to them.
They attempted to charge fees at first and kept reducing the deadline for payment threatening to take me to court.
I told them I need to see proof of the debt which would be in my contract. I also said a court would ask for this as well and this is not a unreasonable request. I also said if you do take me to court and it is proven I am liable for the debt then they may be liable for the costs as they failed to provide me with proof for the liability of the debt.
They have suddenly changed their tune and said they need to get into contact with my employer to get the proof. They also said if we don’t reply back in 28 days you can consider the matter closed.
To be honest it doesn’t really bother me but it is rather amusing.
adam277:
They have suddenly changed their tune and said they need to get into contact with my employer to get the proof. They also said if we don’t reply back in 28 days you can consider the matter closed.
They’ve worked out…
That you’ve worked out that as third party interlopers, they don’t have a leg to stand on.
Just a bunch of chancers trying it on.
I’d personally write them a letter saying that if they refuse to provide you with the documentation you are asking for then you advise them to file a claim at a small claims court and they can argue their case then, until then you don’t wish to hear from them and any further contact will be harassment. However, if they provide you with the documents you want you will be happy to consider a settlement out of court if there’s proof of what you owe.
I doubt they will bother for £200. It will cost them half of that up front just to file the claim.