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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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Hi, I have just repaid a settlement figure of £16000 to Belmain

Customer Question

Hi, I have just repaid a settlement figure of £16000 to Belmain finance, I paid it direct to their solicitor by electronic transfer on Thursday, phoned the solicitor to confirm that it was in their account and had this confirmed. On Friday Belmain telephoned to say my payment was late, told them i didn't owe them anything that the debt had been paid. they have now started to say that I still owe them money that should have been added onto the settlement figure and that the date for the settlement to be made had run out. this isn't true I paid the money the day before the final settlement date. What can I do? they are harrassing me and threatening me, I suffer fom PTSD and I am at the end of my thether . Can you advise?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is ***** ***** 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Does their Solicitor confirm it was received on time please?

With the greatest respect I was expecting an answer almost right away. I am not aware of courts being open Saturday or Sunday so you can hardly be working over the week-end. this all sounds a bit of a con to me and I would like my payment cancelled and returned please.


when do you expect that you can advise me on this I only want a simple answer as to whetyher they are outside the law


their solicitor confirmed that the money was in their account on Thursday the time ran out on Friday.

Alex Watts : Experts are self employed are on and offline. The question volume on a weekend is low and is impractical to be on here waiting for a question.
Alex Watts : I just need to know before I can give you a
Alex Watts : I just need to know before I give you a legal answer, whether the Solicitor confirmed receipt of time.
Alex Watts : I am unable to give you the correct answer without this please.
Alex Watts : Thank you for your patience and I will be checking for a reply every hour.

The solicitor confirmed that he had received the payment on the Thursday, I also have confirmation from my bank that the money was sent electronically directly to Belmain's solicitor and that it had been received. I have their letter saying that the settlement figure expired on Friday 27th June. Belmain's solicitors use Barclays bank they have a Barclay account, I use Barclays also.

Alex Watts : Ok. On what basis are they saying its late then, I do not understand?
Alex Watts : Was this as a result of court proceedings or a private arrangement with them please?
Alex Watts : what extra are they trying to charge you, if anything?

There is no basis for them saying it is late, they are making a statement with nothing to back it up.They are asking for a further £500. I have already paid them £4000 for administration fees and £6000 in payments and £6000 in interest on a £10000 loan I took out 7 years ago. I had a motorcycle accident 5 years ago and was in hospital for quite a while as i nearly lost my foot. Belmain refused to take payments from my Mother for the loan and said they could only accept payments from myself as I was unable to do this my interest went through the roof on unpaid payments and they were trying to foreclose on my house. It was only through my Mother helping once I came out of hospital that i was able to resume payments and keep up with them as i was unable to work.I just don't know what to do I cannot pay them anymore money, I don't know whether to ignore them or see a solicitor or what to do anymore. I simply cannot afford loads more legal costs as i just don't have the money.

Alex Watts : Is there a county court judgment please?
Alex Watts : Last question then I can give you the answer.

no there is no county court judgement.

Alex Watts : Ok. It's good news, there is no basis whatsoever in law.
Alex Watts : If they accepted this payment in full and final settlement and it was on time there is no legal basis for more.
Alex Watts : They can not charge you an additional £500
Alex Watts : You should write and make a formal written complaint to the chief executive.
Alex Watts : If you do not get a satisfactory response you may be able to complain to the Ombudman
Alex Watts : Depends on whether the loan is regulated.
Alex Watts : But if you paid on time there is no way whatsoever you are liable for any more payments.
Alex Watts : Do not give in,
Alex Watts : if they try and take you to court it can only be for the £500 they claim. This would be a small claim and they wouldn't be able to add my legal fees.

Thank you very much for your help this is what i thought but they have been so insistent phoning me and making demands that I felt I needed advice. thank you

Alex Watts : But in any event if you paid on the Thursday you are not liable.
Alex Watts : I am sorry it took a little longer than planned, but I do hope this is the answer you are seeking.
Alex Watts : Can I clarify anything else for you?
Alex Watts : They have no legal basis to demand further payment,

no thank you this is all I wanted to be sure of

Alex Watts : Great, if I could invite you to rate my answer before you go.
Alex Watts : If the system won't allow you please do day
Alex Watts : say
Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
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