Afternoon all,I'm seeking some advice on behalf of my girlfriend.

My gf used to work part time for Santander last year, she handed her notice in and worked her notice till she finished there at the end of April.

Roll on to January this year and she recieved a letter from Santander stating she had been overpaid in the last month working for them and they demanded payment. She checked her records and payslips and the total they had didn't even match the one she had, roughly £300 more than what she actually earned in her final month working for them.

She contacted them via phone, explained there was a mistake and the girl she spoke to asked for her to email the documents through which she gladly did.

Nothing was heard from them so we was under the impression it was resolved.

7 months later and she has now recieved a solicitors letter on there behalf demanding the payment, once again she has contacted the solicitor (within the demanded 14 days) both via phone and letter with the proof of her bank and payslips.

Santander are dragging there heels in replying and it's taken them a month to turn around and state STILL they want the payment even though proof has been shown, and they haven't proved that she was payed this money.

What is the best next step to take?

Can you charge them for your own time taking to reply to them now that proof has been shown.

The gf hasn't been sleeping well due to this playing on her min, and the fact it's causing her stress, it's already ruined one of our breaks away. She is visiting the doctors tonight due to being so run down from all this, but what should we ideally get from the doctors and how should we go about claiming this back from them?

Regards

Adam

If it's their error you don't have to pay back in one lump. You can agree to a repayment schedule. I have seen this many times where the employer has made the error.

They have already asked for her in and out goings (which she refused to give) so she could pay in installments. It's just that there figures don't even match what she was actually paid and can prove that she was paid.

If you and your gf are completely sure that there is no overpayment then just do nothing.

 

You have provided proof and answered within their deadlines.

 

If they want to take it further they can... at their expense.

 

It might be worth seeking some advice from the CAB just to check through all the figures etc.

 

Phil

I presume that they've issued her a P60, and she's recieved a year end P45. If those are in error, then it's incumbent on them to show that these overpayments were actually made.

 

Meantime, have your gf resolve her payslips against her bank statements, and if she was in the banking union when she worked for BS, get in touch with her union branch asking for legal advice.

I think a good step now is make a good record of all net pay received for a complete 12 months up to the last payment. Also for out a copy of the p45 and the p60 which should have been issued around may 2013.

Oh, and copies of all payslips for same period too. Basically just arm yourself to the hilt.

Did she have holiday pay that on a pro rata basis she would not have been entitled to due to early termination of contract. Thus having to pay it back?

Holiday is usually the reason for overpayment