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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47418
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I paid money a large amount of money into someone’s account

Resolved Question:

Hi
I paid money a large amount of money into someone’s account that wasn’t intended for them. I don’t know said person that well, but I am in contact with them. I am constantly having to chase payments and so far they have only paid me half of what they owe in the past 3 months. I need this money and there excuses are not valid enough. Is there anything I can do to force them to make the rest of the money? I have looked into CCJ’s. court summons etc etc, but I don’t want to pay out money to get back my own money. I look forward to hearing from you.
Many thanks
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

Did you contact the bank after making the payment?

Customer: replied 1 year ago.
when I eventually released the company who should've been paid hadn't been.
Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you in a short while. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. The issue here is that you have voluntarily paid the money into their account and whilst it is not money that belongs to them, it can only be paid back voluntarily by them. This is not a criminal issues because it is not theft and as such the police cannot get involved. The bank cannot get involved either because it was not fraud – it was a voluntary transaction. So in reality your only option is to pursue the person though court. I understand that you are unwilling to spend your own money to pursue this but that is the only way you will be able to take it further. Saying that, if you are successful and obtain a court judgment in your favour, you can ask for the fees you spent to star the claim to be added to the judgment and be reimbursed by the other side.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to take the matter further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

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Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

Customer: replied 1 year ago.
Many thanks! I will rate now. Best, Madeleine
Expert:  Ben Jones replied 1 year ago.

Thank you. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:

1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.

2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. Before you consider starting legal action you may wish to consider sending a formal statutory demand. This is a legal request which asks the debtor to pay the outstanding debt within 21 days and failure to do so will allow you to bankrupt the debtor (if they are an individual ) or wind up the company (if they are a business). For the relevant forms to serve a statutory demand see here: https://www.gov.uk/statutory-demands/forms-to-issue-a-statutory-demand

4. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.

Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.