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Question for the legal people

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chrissy_boy
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2011/04/06 11:06:28 (permalink)
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Question for the legal people

Just before christmas i done a few weeks extra work for an agency.They ended up overpaying me by 700 quid.just had a sheriff officer at the door with a court summons.i told him to go and fcuk himself.any1 know what the law is here?
 
In my view its their mistake so tough sh1t
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22 Replies Related Threads

    EnfantTerrible
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    Re:Question for the legal people 2011/04/06 11:16:15 (permalink)
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    Same happened to a friend of mine. Pretty sure you'll have to pay it back, especially if you knew they had overpaid you at the time. Might be able to pay it back in really small installments.
    #2
    yungdest81
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    Re:Question for the legal people 2011/04/06 11:19:46 (permalink)
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    LOL you spunked it on the Kenya fund!
    #3
    chrissy_boy
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    Re:Question for the legal people 2011/04/06 11:23:17 (permalink)
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    it was gone at christmas mate.ah well £1 a week it is lol
    #4
    ALHADO
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    Re:Question for the legal people 2011/04/06 11:25:38 (permalink)
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    Unlucky chrissy
    #5
    essex_chris
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    Re:Question for the legal people 2011/04/06 11:36:57 (permalink)
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    Presumably this sheriff & court summons wasn't the first contact in this matter?
     
    Haven't they written to you or contacted you in some way to discuss it? If i logged into my online bank to transfer £100 to somebody and accidentally transferred £1000 then it would be my fault, but it would be reasonable for me to expect to be able to recover the money. Saying "it's their mistake so tough luck" is no defence.
     
    How was the mistake explained? Accounting error, somebody with bad arithmetic skills. If you were working for an agency i would think that there is a simple formula of hourly rate x hours worked which has been recorded. if you weren't paid that amount then you knew it, they knew it, and they should be able to claim it back.
     
    If you pointed the error out, then they failed in their responsibility to claim it back within a reasonable time frame then yes, screw them. They snoozed; they lose.
     
    This doesn't sound like that

    Awesome pic, but Tony you're not doing yourself many favours posting up tips on preventing the gag reflex and then a picture of a guy touching his toes - Ak
    #6
    chrissy_boy
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    Re:Question for the legal people 2011/04/06 12:11:01 (permalink)
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    it was a computer error in the payroll. Didnt even realise i had been overpaid till they contacted me. But i am still considered bankrupt so i might just play this card.i really dont want to pay it back
    #7
    essex_chris
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    Re:Question for the legal people 2011/04/06 12:35:24 (permalink)
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    Considered bankrupt?
     
    Did you declare bankruptcy, and if so did you get paid the money before or after you rolled over?

    Awesome pic, but Tony you're not doing yourself many favours posting up tips on preventing the gag reflex and then a picture of a guy touching his toes - Ak
    #8
    chrissy_boy
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    Re:Question for the legal people 2011/04/06 12:42:02 (permalink)
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    i was sequestrated whcih is the scottish equivelant 2 years ago.this happened just last december
    #9
    GavTheOne
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    Re:Question for the legal people 2011/04/06 12:52:32 (permalink)
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    The problem with the courts and working is, if u offer them a silly amount such as 5 quid a fortnite they might not accept it as u have an income. In which case they will jus take it directly from ur wages.
    #10
    Red_Alert
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    Re:Question for the legal people 2011/04/06 13:37:20 (permalink)
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    How do you not notice £700 quid. Sounds like BS!

    "I believe in taking care of myself" - Patrick Bateman
      
    #11
    Papa Lazarou
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    Re:Question for the legal people 2011/04/06 15:18:26 (permalink)
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    You can actually get jailed for spending the money and no telling the relevant bank or company involved under "retaining wrongful credit" and 11 specimen charges of theft.    Very unlikely tho it'd go to that but it can.
     
    The 1968 Theft Act says "A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it".
     
    Just make arrangements to pay it back.
    #12
    Play
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    Re:Question for the legal people 2011/04/06 15:39:55 (permalink)
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    A sherif.. where you live the wild west ? hahaha
     
    I worked for orange for 4 years for a year of that i cam off nights and got a better paid job. They still paid me my 15% night shift allowance for almost a year and i didnt know as money went in to my bank all my direct debits cam out in first week so by the 8th i knew anything in there was mine. Had no over draft set up or debt so thats ho i lived.
    First i knew about the over payment was when HR dragged me in and explained it and said why didnt you tell us i explained what i did and they said well what about yr pay slips. I said a never open then go look in my desk draw they are all sat there in the special sealed tear envelopes. They basically said they were taking it back over two month which would of only left me with enough money to cover my mortgage.
    So i contacted my solicitor and he said do i like my job if not quit and refuse it they prob wont follow it up or tell them its against the law for them to do that and ask to come to an agrement so i did that and ened up paying 100 a month till was paid off.
    I rekon if youi agree a small amout live a fiver even if they did take you to court the court would say hes told you hes skint but has agreed to pay you this back. They will know as soon as you send them that letter and agreeing on a promise to pay they wouldnt have much to stand on if went to court.
    #13
    _GM_
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    Re:Question for the legal people 2011/04/06 16:43:34 (permalink)
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    you dun goof'd
    #14
    chrissy_boy
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    Re:Question for the legal people 2011/04/06 16:45:49 (permalink)
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    Red_Alert

    How do you not notice £700 quid. Sounds like BS!

    There was a lot more than that in it thats why,plus the account isnt in my name so i dont read the statements.
     
    And i really dont give a fcuk about paying this back,they can go on the endless list of companies i owe money too.
     
    Come at me sheriffs
    #15
    chrissy_boy
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    Re:Question for the legal people 2011/04/06 16:46:42 (permalink)
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    _GM_

    you dun goof'd

    lol
     
    they aint getting a penny iv decided.whats the worst that can happen
    #16
    _GM_
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    Re:Question for the legal people 2011/04/06 16:48:17 (permalink)
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    chrissy_boy

    _GM_

    you dun goof'd

    lol

    they aint getting a penny iv decided.whats the worst that can happen

    In the shower picking up the soap and singing "i fought the law and the law won"
     
    Feelsbadman
    #17
    Red Bull
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    Re:Question for the legal people 2011/04/06 17:43:21 (permalink)
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    To be fair I'd just keep rolling over it seems the only way!

    Festar: You can't plead poverty with 2 cars. That's like a little Kenyan chap pleading poverty with 2 packets of uncle bens rice hidden under his bed.
    #18
    chrissy_boy
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    Re:Question for the legal people 2011/04/06 17:46:25 (permalink)
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    if they dont accept a £1 a week then they can forget it. Also phoned a solicitor and it seems that id stand a good chance of winning,would have to go to court though.
    #19
    gymbabeliz
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    Re:Question for the legal people 2011/04/06 19:29:24 (permalink)
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    well i consider us lucky you're still paying your gym membership then (runs to check defaulters list ;-)  ) no, wait......!!!! 
     
    seriously though i think you'll have to pay it back although with being scottish-bankrupt maybe theres a chance you might get away with it ???  (and yes Play we have sheriffs up here!!!)
    #20
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