AAC flying pay error/recovery plans?
My grey cells are spinning - a long time ago, but I seem to recall a difference of approach for a "mistake in law" and "mistake of fact". After all these years since I was in Command Accounts (Command Paymaster's Branch for the brown jobs) all I will say is "get expert advice" - there may be a way out. Good luck. W
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Take a look through JSP 462 and the chapter reference Debt Recovery. Also read up on Estoppel and Mistake of Fact/Law. JSP 462 also refers to the Guide for Handling Debt Recovery Cases produced by CLS.
JSP 462 is the accountants document and with alway assume bad faith on the service persons part, whereas the CLS guide ALWAYS assumes good faith as circa 95% of pay and allowances issues are the fault of the service.
I would suggest submitting a casework application to the PACCC via your unit admin (the format is in JSP 752 and 754). The first try with almost certainly be refused by the reviewing WO. The first appeal goes to a SO2 and the second (and last) appeal goes directly to the CEO of SPVA (2 Star equivalent).
Along side this, if you have received a letter from Debt Recovery asking for the money back, then get a solicitors letter drawn up stating your legally defensible position and refusal to repay sent in response.
If you have a recovery action on JPA then ask for a Pay Query to be raised (JSP 754 Annex A to Sect 6 Chap 2) If you don't agree than an over issue has occurred or complete the form at appendix 1 if you agree with the over issue but are objecting to repay it.
It sound like this has been going on for some time (7 years?). I would strongly advise you to get some legal advice reference the limitations act as the MoDs claim to the money may be Statute Barred.
JSP 462 is the accountants document and with alway assume bad faith on the service persons part, whereas the CLS guide ALWAYS assumes good faith as circa 95% of pay and allowances issues are the fault of the service.
I would suggest submitting a casework application to the PACCC via your unit admin (the format is in JSP 752 and 754). The first try with almost certainly be refused by the reviewing WO. The first appeal goes to a SO2 and the second (and last) appeal goes directly to the CEO of SPVA (2 Star equivalent).
Along side this, if you have received a letter from Debt Recovery asking for the money back, then get a solicitors letter drawn up stating your legally defensible position and refusal to repay sent in response.
If you have a recovery action on JPA then ask for a Pay Query to be raised (JSP 754 Annex A to Sect 6 Chap 2) If you don't agree than an over issue has occurred or complete the form at appendix 1 if you agree with the over issue but are objecting to repay it.
It sound like this has been going on for some time (7 years?). I would strongly advise you to get some legal advice reference the limitations act as the MoDs claim to the money may be Statute Barred.
Last edited by SteveTonks; 10th Jul 2013 at 00:48.
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I'll PM you later, I am travelling all day - if you were around the scribbly world in late 80s/early 90s our paths may have crossed - just a familiar name even to my aging grey cells. Ian G
