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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12533
Experience:  30 years as a practising solicitor.
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I am a small building company and I have paid a self

Customer Question

hi ,I am a small building company and I have paid a self employed labour £2260.00 when it should have been £260.00.
I have only just noticed this after doing monthly bank statements, I have contacted them by text only and he has admitted that it has been received in his bank but he is longer working and cant afford to pay it back .Is there anything I can do?
Submitted: 5 months ago.
Category: Scots Law
Expert:  JGM replied 5 months ago.

Thanks for your question. I am a solicitor in Scotland. You can report this to the police as theft or fraud as the person would have known of the overpayment and ought not to have spent the money. However that won’t get you your money our money back unless he is frightened into getting the money to pay you by the threat of prosecution. You can sue him in the simple procedure court at the Sheriff Court and get a decision making him pay the money and thereafter if there is no payment you could instruct sheriff officers. Assuming he has actually spent the money those are your options. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 5 months ago.
Hi thanks for your advice, I have know put this to this person and no doubt he will be seeking his own advise on this as it was my mistake,however I will wait for his response as I have given him to Tuesday to resolve and failing that will contact the police,
Expert:  JGM replied 5 months ago.

The law allows you to make mistakes but does not allow others to take advantage as this person has. In Scotland people have been sent to jail for spending money erroneously put into their bank account.