Thread: overpaid by £10,000

hi was hopping someone might be able to help as we are going mad at the moment my hubby transfered cap badge and he had to go from copral down to lance but was on mark time for two years he picked up again atthe end off the two years but we have found out since moving to germany (which has been a nightmare in its self!) that he has been overpaid for the last three years now the army want it back! as this has happened in the past everytime hubby had extra money put in his wages he would ask his cheif clerk about it and was told its all fine dont worry! but now you can imagine we are worried with three kids and that much owing what can we do can we contest it ? how would we do that? also when my hubby picked up again there was a year long wait before he was posted so could this help the course?
many thanks for any help

Ooh dear. The only thing I can suggest is that he gets himself down to speak to the RAO ASAP.

This might be of interest ..... Victory in overpaid benefits case

A charity has won a legal bid to stop the government clawing back millions of pounds in overpaid benefits.
The Child Poverty Action Group brought the case after 65,000 benefit claimants were warned they could face legal action if they did not pay back cash.
Judges in the Court of Appeal ruled the government had no power to recoup the overpayments unless they were the result of misrepresentation or fraud.

While it probably won't help in this case, I do think that in light of the above case it might be worth having a word with someone more Knowledgeable in matters legal.

If you intend fighting it, you also need to think of the long term effect career wise if it all goes wrong.

Good luck either way.

thankyou i have looked up some info but it seems to be a bit of a grey area!(which dosent help) we do intend to fight it hopefully we will be able to reduce the amount it has just realy got us down sinec moving to germany we have only had problems after problems (unclean quarter, card fraud,sat nav getting pinched to name but a few lol) but we just thought we had seen the end off our bad luck but no something else comes along! its just hubby i feel sorry for as he loves his job but has thought off signing off as it has got him very down. and there is nobody there to say sorry mate it was my fault
sorry but of a moan there but thankyou for the help

make sure you OH speaks to someone asap as i was in the same situation a few years ago, my OH was on tour and i was away visiting family and checked my bank on payday to find he had only been paid £153. After speaking to familys office and getting nowhere his SGT done some digging and found out my OH had been overpaid for 3 years and they had took over £1200 back in one month without even advising my husband of any of this. At the time i had a 5 year old and 6 week old baby, i was devestated. In the end i did get an advance on his wages for £200 and also had to be helped out by family. I woud hate anyone to be in the same situation so please get OH to sort this out to make sure your not put in that position especialy being so far away from family x

Hi,

Its not unknown for these amounts to be written off, but equally they might well enforce collection via his payslip. There are strict rules as to how much they can take, although you might find posting in ARRSE you get more specific help on the exact procedure his unit will take.

At the very least, request immediately a written breakdown of what he should have been paid and what he has actually been paid. Make it very clear to everyone concerned that will be taking professional advice from an accountant as to how much income tax and national insurance should have been paid. Personally, I would not trust the unit, or JPA to arrive at the correct figure themselves.

Do you receive tax credits? The reason I ask is that the amount you receive is determined by the information you provide which is verified annually with your employer and HMRC. When you have the breakdown mentioned above - you need to find out from tax credits exactly how to get the difference you may be due and how to recover any money you have not been awarded. I dont think once you have completely their annual review pack that this can be amended but they might entertain a back-dated claim under the circumstances. Otherwise inform your OH unit that you will be suing, with interest for the money that tax credits wont now reimburse you in addition to the accountants fees mentioned above.

Remember, you have done nothing wrong so dont let them treat you as if you have.

Good Luck,

HP
x

Maybe the aff Pay & Pensions Specialist, Lucy Jones could help if you get stuck? Tel: 0752 7492 869 or E: money@aff.org.uk

Best wishes

AFF Voice