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Conference terri::cars_uk

Title:Cars in the UK
Notice:Please read new conference charter 1.70
Moderator:COMICS::SHELLEYELD
Created:Sun Mar 06 1994
Last Modified:Fri Jun 06 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:2584
Total number of notes:63384

1943.0. "Do I have to pay ????" by BRUMMY::MATT (A tiny, but exciting.......) Thu Nov 05 1992 16:42

I have had my current lease mobile for 2 years now,
(5/11/90) and I have just found out that payroll have not
been taking the money out of my pay.

I therefore now owe approx 2k.
All the compensation change advice slips state the cost of the
car to employee, even the P11Ds' have got the correct registration
number etc.
Why has it taken them 2 YEARS to discover their error !!!

I feel that two years is too long before notifying me of
their error, and therefore its unreasonable to ask
for the money back.

Advice from the panel gratefully recieved.

P****D off from Brum.


NB. I know that I should have looked at my base salary on my 
payslip, however in my defence, I recieved a pay rise (remember them!),
and became a qualified user at approx the same time as I 
started the car lease.
I also do overtime most months, so my pay varies every month.

 
T.RTitleUserPersonal
Name
DateLines
1943.1How incompetent can you get (again!!)?IOSG::SHOVEDave Shove -- REO-D/3CThu Nov 05 1992 16:513
    If I were you, I'd quit and let them try to sue you for it!
    
    D.
1943.2You could buy one for 2KBRUMMY::MARTIN::BELLMartin Bell, TCC, Birmingham UKThu Nov 05 1992 16:575
Matt,

i suppose what really hurts is that this is _only_ for a Rover!!!!!!!!

;-)
1943.3PLAYER::BROWNLLife begins at 40(Mhz)Thu Nov 05 1992 17:225
    Well now, since you have every reason to believe that all was
    hunky-dory all that time, have they proven beyond all doubt that you
    *really* haven't paid? I you see what I mean... }^>
    
    Laurie.
1943.4YUPPY::RAVENThu Nov 05 1992 17:325
You could offer to pay on the drip. Lets say about 10 pounds per month

Give or take a few months , you could be quits by the year 2002

                     KR
1943.5VANGA::KERRELLDave Kerrell @REO 830-2279Thu Nov 05 1992 17:433
I think I'd go and get some legal advice. You may find that it's their problem.

Dave.
1943.6COMICS::SHELLEYRThu Nov 05 1992 18:3513
    I hope you can get away without having to pay, but it
    does say in vtx "Lease Scheme Guidelines" -
    
    "PAYING FOR MY CAR"
    
    "You are responsible for ensuring the correct lease charge is deducted
    from your salary."
    
    
    
    Roy
    
    
1943.7Its happened before.......HEAVY::DRAPERThu Nov 05 1992 19:0314
    -.2
    	I agree with Dave - you should get some legal advice!!
    
    -.1
    	I'm aware of the phrase on VTX, Roy, but I'm not sure what weight
    it carries in law.
    
    I know of a case (in Digital) where this happened about 10 years ago to
    a friend of mine. He was forced to pay up two years worth over 12
    months. He actually left Dec during this period - but I'm not sure if
    they pursued him for the cash.
    
    Steve
    
1943.8SHIPS::GOUGH_PPete GoughFri Nov 06 1992 07:5415
    I agree with all advice thus far but also have a word with a friendly
    finance person. If the legal boys tell you that you are not liable then
    the tax man will probably want a load more cash from you. As you do not
    dispute that you owe the money why not negotiate with the company to
    spread it over a period of time to suit you.
    
    When I joined the company I went for three months before I realised
    that I was not paying for the car. I spread what I owed over the followin
    6 months.
    
    
    good Luck
    
    Pete
    
1943.9PLAYER::BROWNLLife begins at 40(Mhz)Fri Nov 06 1992 08:3010
    RE: last few...
    
    Given that he's been given a P60, how can he be sure that the tax
    hasn't already been deducted? I too would take legal advice; I suspect
    it's not his problem either. How on earth can this be missed for so
    long?
    
    I'd also suggest you post something in UK_DIGITAL
    
    Laurie.
1943.10VANGA::KERRELLDave Kerrell @REO 830-2279Fri Nov 06 1992 09:0310
I've done some further checking with an expert I know, they say, it is the
employees responsibility to ensure they are being paid correctly, the money
can be demanded but not all in one go and the amount deducted should be agreed
between the parties. They didn't say what happens if you don't agree.

I'm not sure if I agree with this view (thus take legal advice), it could be
argued that the all powerful company is in a better position to understand
what it is paying and deducting than an employee who has no payroll expertise.

Dave.
1943.11Sorry, it's down to you!TIMMII::RDAVIESAn expert AmateurFri Nov 06 1992 13:139
    I'm afraid I have to come down on the 'employee's fault' side. Whilst
    you may have no payroll expertise, it's hardly rocket science taking
    the top line of your salary slip, multiplying by 12 and comparing with
    the bottom line on the Salary Change Advice. 
    
    If you'd been over paying would you agree to them 'forgetting' it as
    you hadn't noticed for 2 years?.
    
    Richard 
1943.12oopsPEKING::GERRYTFri Nov 06 1992 16:513
    How well do you get on with your cost-centre manager!?
    
    tim
1943.13SUBURB::THOMASHThe Devon DumplingTue Nov 10 1992 10:1215
	It has always been the case that the employee is responsible, and as
	Richard says, checking your gross monthly, and multiplying by 12 to
	ensure the right ammount is being paid, is not an astonishing feat to
	perform.
	
	I have read many of these types of problems, with new cars, with 
	changeover (upgrades) of cars, and with tax issues with cars.

	At the end of the day, if you owe it, you have to pay.
	(ignorance being no excuse etc...)

	The variable is negotiating how long it will take to pay back.

	Heather
1943.14I know next timeBRUMMY::MATTA tiny, but exciting.......Tue Nov 10 1992 15:0512
Yes, I will have to pay.

Digital have admitted they have 'made a mistake', however
I must pay the money back.
As their (digitals) concession for making the mistake they
have graciously allowed me to pay it back in installments.

I will check my pay slip throughly in future ;-)

Thanks for all the advice.

Matt.
1943.15VANGA::KERRELLDave Kerrell @REO 830-2279Wed Nov 11 1992 08:557
>As their (digitals) concession for making the mistake they
>have graciously allowed me to pay it back in installments.

They *have* to let you pay back in installments. Any other attitude displayed
on behalf of Digital should be brought to your managements attention.

Dave.
1943.16Without interest too.VOGON::KAPPLERMiss Lilly kissed me!Wed Nov 11 1992 13:394
    Still, at least they're not asking you for the interest earned on the
    overpayment, like the Inland Revenue could and might.
    
    JK
1943.17How much ??SUBURB::ALLYSWed Nov 11 1992 17:359
How much are you being asked to pay ???


You were presumably taxed on the money you received in your pay packet , which 
normally gets deducted if you pay for the car before tax. Therefore will you 
have to pay back the money less the tax and NI deductions ??



1943.18Don't complicate matters...TIMMII::RDAVIESAn expert AmateurThu Nov 12 1992 13:294
    When you pay it back your salary is less therefore you in effect pay
    less NI and TAX, so this is taken care of.
    
    Richard