Alex Watts : Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
Alex Watts : How much are they claiming please?
Alex Watts : note I am on and offline today
Hi Alex, many thanks for replying. First I spotted a little error in the Background, it should have read, A year later and they have NOT yet proceeded. They are claiming we owe them approx 5k but I don't think that is the issue. My question is 'can someone keep property not intended for them' even though (on a separate commercial arrangement) the two parties are debating a services agreement'.
Alex Watts : What is the value of their purported claim please? Does the contract state about what happens in the event of a dipsute?
Please forget about the potential action by them, I am not interested in that part. My question is the payment they received in error intended for someone else, can they keep this on the basis they think we owe
Alex Watts : No. They seem to be using set off though as an argument.
Alex Watts : But no they can not keep it as it is a mistake and it is covered under the theft act for wrongfully holding onto a credit.
Alex Watts : This makes it a criminal offence.
Hi Alex, many thanks for your help.
Alex Watts : You are welcome
Alex Watts : If I could invite you to rate my service, hopefully it has been excellent. If you need more help please click reply
Alex Watts : Have a great weekend. Alex