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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3692
Experience:  Solicitors 2 years plus PQE
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We are a building company and on Friday 6/5/16 paid the wrong

Resolved Question:

We are a building company and on Friday 6/5/16 paid the wrong sub contractor 24,000.00
This sub contractor is owed money by ourselves ( which is being resolved by our accounts dept ) but is refusing to reimburse the 24,000.00 and trying to offset one sum of money against the other. In law is he able to do this ?
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. Do your terms and conditions contain a clause that say any payments made to the company are paid without deduction set off or counter claim? Kind regards AJ
Customer: replied 1 year ago.
Hi AJ
No we do not have such a clause in our terms
The subcontractor was made aware immediately of our error and promised to return the monies on Monday morning ( 9/5/16)
Kind regards Steve
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. If the money was paid in error, then you are entitled for it to be repaid if the money was not paid for the purpose you intended. If they do not repay the money potentially you could sue them, but I believe that would be a waste of time and money. Does this sub contractor want to work with you again? Also did they confirm in writing they would repay the money?
Customer: replied 1 year ago.
Nothing in writing from subcontractor AJ
We did email at 15.37 today confirming that they had agreed to pay the monies back to us
I don't believe they are worried either way if they work with us again Cheers steve
Customer: replied 1 year ago.
Ps they haven't refuted the fact that they would pay back the monies
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. The best way to put pressure on them without actually suing them is to send them a letter from a solicitor saying that if they do not return the money immediately you reserve the right to sue them and recover your losses and the costs of bringing such action. Having this letter from a solicitor will give it far more gravitas, and they will see you have been properly advised and should not be ignored. If you do not want to engage a solicitor I would write to them as follows:(i) The money was paid in good faith as a mistake;(ii) Say they are jeopardizing your relationship over an invoice that would be paid any way;(iii) Say that you will consider more whether you would send them any future work based on this unpleasant experience.(iv) Say if they do not return the money (as they agreed to) you reserve the right to sue them in the county court to recover the money and hold them responsible for the cost of doing so. In the mean time - as you have in writing their agreement to repay the money, you could serve them with a Statutory Demand, this would put them under massive pressure as you could potentially petition for their insolvency if they did not pay within the 21 days notice period. https://www.gov.uk/statutory-demands/overview​Kind regards AJ
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Customer: replied 1 year ago.
AJ
Many thanks for help
Cheers Steve
Expert:  Alex J. replied 1 year ago.
No problem. I wish you the best of luck. If I can assist any further please do not hesitate to contact me. Kind regards AJ