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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.
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.