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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Background: I did business with an online company (Company

Customer Question

Background: I did business with an online company (Company X) who supplied online content for our website, their content got worse and eventually stopped working. After several notices and months we discontinued their service. They have billed me to the end of the contract (four months) and I refused to pay for obvious reasons. They started legal action and I responded saying I am more than happy to display and debate my case in court, again I showed them proof of their flaws and non delivery. A year later they have proceeded.
Part 2 My colleague accidentally sent a payment in error to Company X, it was intended for a similar company and we explained this to Company X, can they keep the funds which were sent to them in error. We are saying it was not intended for them and they are in possession of someone else property.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

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
JACUSTOMER-b39clg1u- :

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?
JACUSTOMER-b39clg1u- :

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.
JACUSTOMER-b39clg1u- :

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
Expert:  Ash replied 3 years ago.
If this answers your question, please take a moment before you leave and rate my service, it only takes a second and is an important part of the process. Otherwise if you need more information or help then please click reply. Alex

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