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If you'd sooner not pay them back then just pretend you haven't recieved any letters. And if they phone you tell them you'r skint. There are a thousand excuses you can use:-

You've been away
I've become a alcoholic and don't have much money

Use your imagination.

As for your position legaly, until you'r in court I wouldn't worry about it.
 
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My girlfriend has just had exactly the same problem. She finished work 2 months ago but has just been paid, in full, for a month she did not work.

Guess its now down to her to spend her time chasing paper around to sort out THEIR error..
 
leave it until you get a final warning / notice then say you will be prepared to settle the balance in small amounts / month as you cannot afford to pay the full amount at the moment.

meanwhile, start putting money aside for it so its easier when you DO have to pay it, ( i imagine it will catch up with you one day ! )

Rick
 
I believe the situation is that they don't have any rights here - you obviously still owe them the money, but you can say when and how you'll pay it back (monthly payments, or similar).
 
i know nothing said:
So what would it be on the OP's part if he keeps it?
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It's their mistake.

Found some advice:

In this situation, your former employer is unable to make a deduction from your wages. But what if, some months or years later, your former employer, or even a debt collector, contacts you claiming that you owe money that was overpayed in the former employment? Much will depend on what was stated in the employment contract. Some contracts state that, if an employee leaves the employment owing the employer money that could not be recovered from final wages, the amount owed becomes a civil debt. If there is no contractual provision to treat the alleged overpayment as a civil debt, the employer may have considerable difficulty in enforcing payment if you refuse to cooperate. In either situation, you should obtain advice from a solicitor, or the Citizen's Advice Bureau, or another local organisation providing advice on legal, employment or tax matters.
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http://www.paypershop.com/faq/overpaid.html
 
i know nothing said:
Oh well, that makes it alright then! I guess it depends on whether you have any integrity or not.
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Don't get me wrong, you still owe them the money. But they have no rights to just take it straight off you - if you hadn't noticed and spent the money, you could be worse off than if you were never paid it in the first place by having to pay it straight back.
 
csmager said:
Don't get me wrong, you still owe them the money. But they have no rights to just take it straight off you - if you hadn't noticed and spent the money, you could be worse off than if you were never paid it in the first place by having to pay it straight back.
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Fair enough, but the OP has said that they're asking him to send them a cheque, I doubt there is any danger that they will just take it from his bank account (which I don't think is possible anyway). If the OP genuinely can't pay it, he should contact them and tell them that and then offer instalments, exactly as I suspect he would wish to be treated himself.;)
 
If you can show that the overpayment was the company's fault,
that you did not know that you were being overpaid
and that you have acted to your disadvantage on the assumption that the salary payment was correct (i.e. you’ve spent it all) then you may be able to claim the overpayment is not recoverable by your former employers if you and they went all the way with this

you would almost certainly forfeit a reference from them though

a monthly repayment schedule would be the norm in these circumstances
usually c£50pm
 
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