not paying back / delaying paying back money "sent to wrong payee"

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  • sourcrates
    sourcrates Posts: 28,887 Ambassador
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    edited 15 October 2016 at 2:50PM
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    I would respond to the Letter you have been sent.

    Tell them, you have so far not received proof of the debt been owed, and you are not in a position to pay the debt in full anyway, so therefore cannot comply with there request at present.

    Now that should, essentially, take the banks out of the loop, the dispute will then be between you, and your ex employer, who, I would assume, will write to you directly asking for the money back.

    Its at that point you should seek proof of the debt, and if found to be owed, make them some offer of payment, whatever you can afford, they will either accept it, or not, but you should pay them regardless.

    Now you say you have other debts you are struggling with, have you contacted one of the free debt charities for help and advice, such as stepchange or National Debtline ?
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • theone999
    theone999 Posts: 203 Forumite
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    sourcrates wrote: »
    I would respond to the Letter you have been sent.

    Tell them, you have so far not received proof of the debt been owed, and you are not in a position to pay the debt in full anyway, so therefore cannot comply with there request at present.

    Now that should, essentially, take the banks out of the loop, the dispute will then be between you, and your ex employer, who, I would assume, will write to you directly asking for the money back.

    Its at that point you should make them some offer of payment, whatever you can afford, they will either accept it, or not, but you should pay them regardless.

    Now you say you have other debts you are struggling with, have you contacted one of the free debt charities for help and advice, such as stepchange or National Debtline ?

    rather than saying I can't pay the debt in full when clearly I have the credit balance in that account, it's just that I have obligations elsewhere such as rent or business invoices (as I'm now self employed). would it be just as well to write to HSBC and say that it was an ex-business dealing in dispute and there cannot be any authorisation without formal proof offered to my self indepedently of an automatic bank process and instruct Lloyds to instruct the other party to contact me directly? that should take the banks out of the loop right?

    I don't wish to contact any charities and ask them to contact my bank. As I am hoping to meet the bank's monitoring criteria on my account and ride out of the storm (as I now have an income). I recently became self employed and will only pay off the starting up costs after the end of this month.
  • sourcrates
    sourcrates Posts: 28,887 Ambassador
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    Yes you can word it as you see fit, just because you have a credit balance does not mean you can afford to pay the debt in full, as you say, we all have financial obligations, and the Bank will recognize this fact.

    I am a little confused as to how, or why, the banks have become involved at all, usually an ex employer would of written directly to you asking for the money back ?
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
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    theone999 wrote: »
    .... I want is to drag it out as long as possible and hope the other party stops on account of cost / hassle. ...

    The little 85 year old widow weeps into her battered purse as she stares at the two £1 coins and wonders how much food she can buy for the week with that.

    She did have £102, but lost £100 and her bank have said they'll try to get it back .... she'll have to not visit her husband's grave this week as the bus fare is £3.50. And go to bed early as she can't afford to top up her electricity card now ....

    She had planned to leave the house and see other people this week, at the weekly lunch club on Thursdays, but that costs £5 and so ... well, never mind, she can see people on the television this week, she doesn't need real conversation with actual people.

    She sighs .... and looks out of the window .... thinking to herself "people are basically good, I'm sure I'll get my £100 soon ... the nice young man at the bank smiled and said I might ...."
    it's a company. i used to work for them.

    Ah, I got carried away....
  • CrowCrow
    CrowCrow Posts: 1,030 Forumite
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    The money is not yours. You know the money is not yours. Refusing authorisation is acting as the owner of the property you know is not yours.

    That is theft by finding. That's a criminal offence.


    If you come across property that you know not to be yours, you must take reasonable steps to return that property to it's true owner.
  • theone999
    theone999 Posts: 203 Forumite
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    CrowCrow wrote: »
    The money is not yours. You know the money is not yours. Refusing authorisation is acting as the owner of the property you know is not yours.

    That is theft by finding. That's a criminal offence.


    If you come across property that you know not to be yours, you must take reasonable steps to return that property to it's true owner.

    get real. no proof has been given and no contact made before this went to the banks. and how unreasonable is my action to refuse authorisation to a bank, not the end claimant given my obligations elsewhere?

    I intend to obey the letter of the law and no more. you sound like one of those well off 48% with utter disdain for the less moneyed classes who has to make harder choices like who to pay off, rather than which cheese at the deli counter. no wonder Brexit happened.
  • sourcrates
    sourcrates Posts: 28,887 Ambassador
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    CrowCrow wrote: »
    The money is not yours. You know the money is not yours. Refusing authorisation is acting as the owner of the property you know is not yours.

    That is theft by finding. That's a criminal offence.


    If you come across property that you know not to be yours, you must take reasonable steps to return that property to it's true owner.

    Don't talk utter twadle.

    The OP has other PRIORITY debts to pay first.

    It's an unsecured debt which will be dealt with in accordance with FCA/debt collection guidelines.
    It's no different to repaying any other debt in affordable instalments.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • theone999
    theone999 Posts: 203 Forumite
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    sourcrates wrote: »
    Don't talk utter twadle.

    The OP has other PRIORITY debts to pay first.

    It's an unsecured debt which will be dealt with in accordance with FCA/debt collection guidelines.
    It's no different to repaying any other debt in affordable instalments.

    thanks for that. i've now learnt that there is a guideline for Financial Conduct Authority / debt collection.
  • sourcrates
    sourcrates Posts: 28,887 Ambassador
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    Bogalot wrote: »
    Agreed, OP knows this money is not his and is refusing to give it back in a timely fashion. It is not an unsecured debt, a debt is incurred through borrowing and this money was never loaned to the OP, it was placed in their account in error.

    Do what you want OP, but it looks like karma is already catching up with you with your already incurred debts ;)

    There has been no proof the money was overpaid !!!!!!!!!!!
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • theone999
    theone999 Posts: 203 Forumite
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    edited 15 October 2016 at 3:57PM
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    Bogalot wrote: »
    Agreed, OP knows this money is not his and is refusing to give it back in a timely fashion. It is not an unsecured debt, a debt is incurred through borrowing and this money was never loaned to the OP, it was placed in their account in error.

    Do what you want OP, but it looks like karma is already catching up with you with your already incurred debts ;)

    No, I do what I have to, to keep the plates spinning. you also don't understand the fact that if I paid my other debt and business obligations, i would de facto have 0 credit left and still not have enough to everyone all at the same time.
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