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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11135
Experience:  30 years as a practising solicitor.
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If my old solicitors gave my bank an undertaking 10 years ago

Resolved Question:

if my old solicitors gave my bank an undertaking 10 years ago to make them a payment but at the time they were now able to. six years later they were in a position but made the payment to me and not to the bank. if the bank find out about the undertaking and chase the solicitors can the solicitors then come after me for the same sum?
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Yes they can. The payment was made to you in error and they are entitled to be recompensed for a payment made in error.
Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

hi, thanks for that. are there any limitation issues?

Expert:  JGM replied 2 years ago.
They would have to claim within six years.
Customer: replied 2 years ago.

six years from when?

Expert:  JGM replied 2 years ago.
The date of payment to you.
Customer: replied 2 years ago.

hi, am i correct in thinking that the bank can seek to enforce the undertaking at any time. therefore if the bank enforces after the six years does the bank benefit from the undertaking and the solicitors cannot pursue me for the same?

Expert:  JGM replied 2 years ago.
Yes.
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