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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience:  Solicitors 2 years plus PQE
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My credit card company sent me a letter to say that I had overpaid

Resolved Question:

My credit card company sent me a letter to say that I had overpaid my account. The balance was £4,000 but they had received a payment of £4,800. They enclosed a cheque for the overpaid £800. I called them at once to tell them they had made a mistake and that I had not paid anything. They insisted I or someone had. I asked for a second confirmation letter and they sent me one. I then telephoned again and was told the same thing. 6 months later they started chasing me everyday wanting full payment saying that they had made a mistake. Where do I stand ??
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Are they only asking for the £800 to be repaid?
Kind regards
AJ
Customer: replied 1 year ago.

No they are asking for the full amount.

Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
In my opinion you probably will have to pay some of the money back but I think at the very least you should be able to negotiate either a repayment plan or a reduction on the amount to be paid.
I would recommend you write to them in the following terms:
- Say that as a consumer of financial products you have the right to be treated fairly;
- Say that you believe that because you alerted them to the error and tried to rectify it and have now changed your position, you would have a defence of estoppel against them on the grounds that you relied on their correspondence to your detriment -and accordingly any court claim would not be successful;
- Say that you want to raise a formal complaint and do not believe you should have to repay the demand they have made;
- Say to them if they do not give you a full response within 7 days you reserve the right to complain to the www.financial-ombudsman.org.uk/ .
I think this should put enough pressure on them to at least reconsider their current position - but I would expect that you will have to either pay back some of if not all of the money - and should be allowed to do it on a repayment plan that is reasonable to you.
I look forward to hearing from you.
Kind regards
AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience: Solicitors 2 years plus PQE
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Customer: replied 1 year ago.

Ok I shall try this and see what happens. Thank you

Customer: replied 1 year ago.

Sorry , just one last question......This has been going on for nearly 2 years, I have had no threats of court action. Is there any reasonable reason why I should not sit tight and wait for a proper threat or would this be a dangerous move ?

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