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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The tax assist company I instructed to work to claim

Resolved Question:

The tax assist company I instructed to work for me to claim my expenses etc from the HMRC tax has confirmed I will be receiving a refund. 2 weeks ago I had a payment put into my account. I used that money for paying existing debts and a towards a holiday. 3 days ago I am told this money was incorrectly put into my account and I felt threatened by this tax assist company that as I have spent this money they are saying it is illegal to spend money that is not yours! I was expecting a payment and I thought nothing of this until 3 days ago. Now I am being harassed and forced to pay this back or the fraud team and police will be involved. This was there mistake and I am feeling very threatened by this and scared as I am no longer I a financial situation to pay this back and within 3 days I am having emails bharrassibg me during work demanding this money.
Do they have any rights to harass & feel threatened when this is not even my fault? They put me in this mess and I am so worried.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
My additional point is I was expecting a refund, so it's not like it just appeared in my bank! So when this tax assist company tells me it's illegal to spend money in MY account yet I was expecting it is ridiculous. They are putting me under immense pressure to get this money back I no
Longer have. I'm due to go on holiday in 6 weeks to Vegas for an amazing trip for a wedding, I feel ill and I can't eat. I am being told I have to pay this back
Immediately and I simply don't have it. Even if I offer in instalments it certainly won't cover the sum in the time they want it back. This was put into my bank account and I expected it. So worried sorry!
Customer: replied 1 year ago.
It's been just over 3 weeks I had these funds and only had this alerted to me by an initial phone call 3 days ago.
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.What is it you would like to know about this please?Alex
Customer: replied 1 year ago.
I have just paid £50 - I am happy for an email please
Thank you
Expert:  Ash replied 1 year ago.
Sure. What is it you would like to know about your question please, now you have helpfully given me the background?
Customer: replied 1 year ago.
I need to know where I stand. Can they honestly harass me like this and demand after 3 weeks wanting the monies back? Can they say it's illegal to spend money in my account that's not mine ( well up to 3 days ago I thought no different that it was mine) what can they do to me? How can I sort this?
Thank you
Cathy
Expert:  Ash replied 1 year ago.
Did they say it was in full and final settlement ?
Customer: replied 1 year ago.
As in them wanting this back or what I was receiving?
Expert:  Ash replied 1 year ago.
When you had the payment initially
Customer: replied 1 year ago.
The payment I was expecting was to be in full and final settlement for the back payment in expenses from tax assist
Customer: replied 1 year ago.
I had already received one payment for 14/15 which was paid and sorted. The next payment was reference to back pay of expenses you can claim 3 years back. I work from home full time and there was additional mileage to be claimed etc. So 2 separate payments like mentioned I had one was to receive another, this is where the part in them saying it's illegal to spend money that isn't mine, when I had made a call to them a week or so earlier chasing my payment and then a week later it was deposited into my account, thought nothing of this as (you would) and thought right sorted and carried on as normal now all this and it's awful!
Expert:  Ash replied 1 year ago.
Do you have anything in writing say the payment was in full and final settlement from them?
Customer: replied 1 year ago.
I don't as such, thou I signed a form with them to send to the tax office for full settlement. I don't have a copy, they have it. I am not trying to be difficult but I have been put in a situation to be very uncomfortable and they want it back. OK of this is a genuine mistake by them the way they are dealing with it isn't great!! After all it's there mistake. But I don't have these funds available thou if there saying it's not mine they need to hurry my claim and take what's owed from that. But my pint is to demand money back same day as asking after 3 weeks is not right. Saying they will involve the police is not right. If I am overpaid what I actually then get then they should arrange a repayment through my tax claims yearly or what I can afford without putting me under any pressure.
Expert:  Ash replied 1 year ago.
Are they saying the Company paid you by mistake as they thought it was your paument, or that they meant to pay someone else and they paid you by accident?
Customer: replied 1 year ago.
At the time they thought it was for me and then realized the payment was for someone else and by that time it had gone into my account and 3 weeks later you know the story
Expert:  Ash replied 1 year ago.
Ok - well its good and bad news. The goods news is that the Police wont be concerned about this because its not a criminal matter.There is an offence of wrongfully receiving a credit - but this applies where someone has just got an account number wrong. In this case they just paid you by mistake.The bad news is that this is a debt and you will have to pay it back. But they cant insist on the same day. They must accept payment instalments as its not your fault.But dont worry about the Police - this is a civil matter.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
So can I just clarify me spending the money wasn't illegal (at the time) as I genuinely thought it was for me knowing I was receiving this? Thank you
Expert:  Ash replied 1 year ago.
No, not illegal as you didnt wrongfully receive a credit. Its their fault.Does that clarify?Alex
Customer: replied 1 year ago.
My understanding is that it's illegal to spend the money if you weren't expecting it or knew nothing about it. However as I was expecting a payment it was not illegal for me to spend it!? Thank you Alex
Expert:  Ash replied 1 year ago.
Its not illegal no.If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance! Alex
Customer: replied 1 year ago.
Yes it does thank you Alex you've been great and unfortunately now have a debt but it can be paid comfortably to what I can afford, they can't push me to pay stupid amounts.
Customer: replied 1 year ago.
Sorry Alex can you just confirm I won't be pushed into anything in the way of stupid amounts? And how do I rate you? ūüėä
Expert:  Ash replied 1 year ago.
Indeed. Good luck and please do remember to rate. Thanks and have a good bank holiday weekend.
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