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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 77117
Experience:  Over 5 years in practice
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I overpaid on a bank transfer to a kitchen company in

Customer Question

I overpaid on a bank transfer to a kitchen company in August. I put a payment in error through and my bank said their bank had not been able to get in touch. They have given me loads of emails and texts messages and even phones their bank whilst I was with them in load speaker to prove that they were having trouble getting me the money back from their bank. However I still do not have money after they had said 28 working days. I don’t know where to go from here the money owed to me is £9700
Assistant: Where are you? It matters because laws vary by location.
Customer: Birmingham England
Assistant: What steps have you taken so far?
Customer: I have wrote to them I have tried to contact their bank myself. I have spoke to them I spoke to my bank who advised me I would probably need to go legal now
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: no
Submitted: 6 months ago.
Category: Law
Expert:  Jo C. replied 6 months ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Expert:  Jo C. replied 6 months ago.

How can I help with this please?

Customer: replied 6 months ago.
I need to know what I have to do now would small claims be best
Customer: replied 6 months ago.
I’m at work at moment and cannot take calls
Expert:  Jo C. replied 6 months ago.

Thanks for the information

If they owe you the money then you do have the option of suing at the small claims court.

You need to warn them first though. You need to send them a letter or an email setting out that you believe they are in breach of contract and need to repay within 28 days or make arrangements to pay in instalments within that time period. In default you will sue and seek costs and interest. That may or may not make a difference. Sometimes people do pay when they are threatened with court. Most likely it will not. The purpose of the letter before action is to protect you from costs if you sue.

If no payment is made then you can issue here

It is cheap and quick to issue at the small claims court.