My Last Contact Double Paid Me...Now They Want It Back!

[SueEllen]

There's nothing stopping the company from proceeding to Court. Nice first letter, nasty second letter, letter before action, claim filed. From then, about 3 to 4 months to get a hearing date, couple of hours in Court, end result £7k + interest (currently at 8%) + legal fees ~ £2k. The question is, is it recoverable, depends on OPs assets.

If it gets to court and there is already a payment plan suggested which is agreeable to both parties, or Kalinikta shows s/he can't afford the extra money and has tried to negiogation due to what s/he can pay but the client company rejected it, then you can escape the CCJ.

However Kalinikta will still have to pay the court fees.

However it's simply best to negiogiate and pay the money back.

[Wanderer]

Now I can see why some people are better off working through an umbrella rather than a Limited Company.....

[northernladuk]

There's nothing stopping the company from proceeding to Court. Nice first letter, nasty second letter, letter before action, claim filed. From then, about 3 to 4 months to get a hearing date, couple of hours in Court, end result £7k + interest (currently at 8%) + legal fees ~ £2k. The question is, is it recoverable, depends on OPs assets.

I tell you what would be interesting, is if the OP had a Ltd with a couple of small contracts, same thing happens. OP can rightfully argue he doesn't take notice of company bank until accounts are done. If the Ltd have paid out dividends because they think profits are good, then there would be a very good chance the company would not be able to recover. You could even just dissolve the Ltd and walk away. Might research that when I've time.

All this would be great if the OP had a modicum of common sense, but he doesn't. He is an idiot that can't manage his own money let alone handle a court case.

[speling bee]

All this would be great if the OP had a modicum of common sense, but he doesn't. He is an idiot that can't manage his own money let alone handle a court case.

He can plead mental incapacity.

[d000hg]

I expect the company could go to court right now and win a judgment. Don't know how it would play out. The company is being very reasonable.

There's nothing stopping the company from proceeding to Court. Nice first letter, nasty second letter, letter before action, claim filed. From then, about 3 to 4 months to get a hearing date, couple of hours in Court, end result £7k + interest (currently at 8%) + legal fees ~ £2k. The question is, is it recoverable, depends on OPs assets.

However I seem to recall they have to offer you ways to pay in a way you can manage even though you shouldn't have spent it?

[northernladuk]

However I seem to recall they have to offer you ways to pay in a way you can manage even though you shouldn't have spent it?

Yep that is what I thought, I remember a number of cases where HMRC have paid massive amounts to people by mistake who went out and spent it and they demanded their pound of flesh back on ridiculously tiny payback amounts but they didn't write a penny of it off from what I remember.

Found this as well which might be interesting.. It's how HMRC deal with getting overpayments back.. thought it might be a good light read before bed..

Dealing with overpayment debt « How to deal with HMRC « Guidance « Tax Credits « Revenue Benefits

p.s. I didn't bother....

[Mich the Tester]

He can plead mental incapacity.

Would he still have to plead mental incapacity if it's bleeding obvious to everyone in court anyway?

[BrilloPad]

Yep that is what I thought, I remember a number of cases where HMRC have paid massive amounts to people by mistake who went out and spent it and they demanded their pound of flesh back on ridiculously tiny payback amounts but they didn't write a penny of it off from what I remember.

I found that a very interesting post. Does that apply to amounts owed to HMRC generally?

In particular I might owe HMRC at some point due to section 58. I was under the impression I had 3 years to pay it back or else? I am unlikely to be able to pay in 3 years - and would far prefer to pay it off as soon as I can rather than face possible bankruptcy.

<cringes awaiting the "read the first timers guide" or "google it" or "fook off you newbie" comments>

[northernladuk]

I found that a very interesting post. Does that apply to amounts owed to HMRC generally?

In particular I might owe HMRC at some point due to section 58. I was under the impression I had 3 years to pay it back or else? I am unlikely to be able to pay in 3 years - and would far prefer to pay it off as soon as I can rather than face possible bankruptcy.

<cringes awaiting the "read the first timers guide" or "google it" or "fook off you newbie" comments>

To be honest I don't really know and thinking about it now a govt system isn't really a reflection on a private case either but thought I would just throw it in for discussion. I was trying to find a few cases I have seen in the news about HMRC paying some scroat a huge amount by mistake and he went straight out and spent it but couldn't find it.

[FiveTimes]

To conclude, you have done nothing that is morally wrong. If, as you state, you honestly had no idea you were being overpaid then you there is an argument that you should not be liable for their mistake. To use as an example, a bank overpays you £25000 into your account. You notice it and before you can report it to the bank your account is hacked and the £25000 is stolen. Does anyone here honestly think that the person in question should still be liable for the £25k?

OP, perhaps you should negotiate with the other side? Advise you'll pay back half the money over a period of time.

Yes you are are still liable for the 25k, however the 25k that was hacked out of your account would be returned by the bank if it was reported as fraud.
This 25k would then be returned from your current account and back to the bank.

Granted the bank are out of pocked to the tune of 25k but thats due to fraud