Bank Error in my favour collect £1323.74

talana

If it's the letting agent, it will cost them more than £661.87 in legal fees to recover it, I would imagine, as they are hardly going to go to Court themselves.

We're talking about £1323 rather than £661, but that aside it won't cost them anything like £661 if it comes to court.
Some examples:
http://www.lawpack.co.uk/small_claims_what_you_have_to_pay.asp

And of course if the court judgement were to go against the OP (which it would) then the fees would be recoverable and simply added to the sum owed.

System

From what I read, she/he is entitled to one of the two payments.

It's highly likely to cost the Letting agency more than the recoverable small claims fees, are they are likely to employ a solicitor to collect the money rather than do it themselves (circa £200 per hour at commercial rates).

We are not talking about a private person here, likely to fight this themselves, but a business.

talana wrote: »

We're talking about £1323 rather than £661, but that aside it won't cost them anything like £661 if it comes to court.
Some examples:
http://www.lawpack.co.uk/small_claims_what_you_have_to_pay.asp

And of course if the court judgement were to go against the OP (which it would) then the fees would be recoverable and simply added to the sum owed.

grother

You are completely in the wrong, you haven't got a leg to stand on really!
Good luck anyway!

talana

What a self-riteous coont!

Charmed I'm sure! :D
An eloquent, intelligent, witty argument. And good spelling too!!!

If you've got anything vaguely sensible to say in this discussion, or you want to argue a different view then let's hear it.
Otherwise crawl back to your hole and sleep it off. Moron.

Night-owl_6

Bad news.

If you fail to repay the amount full to them within a time limit they state then they may get the bank to give a detailed statement about the money going into your account and then this could lead to serious problems for you.
It is very posible and very lilely the letting agents will bring criminal charges against you, either with the Police or privately depending on a number of factors.
You could be arrested for deception and false representation for withdrawing the money.

You knew the money was'nt yours, you would have to prove otherwise so there is no defence.

You need to get a solicitor

talana

It's highly likely to cost the Letting agency more than the recoverable small claims fees, are they are likely to employ a solicitor to collect the money rather than do it themselves (circa £200 per hour at commercial rates).

We are not talking about a private person here, likely to fight this themselves, but a business.

I don't think they would be likely to employ a solicitor really, not to just turn up, show some paperwork and leave again!
It's not a complicated issue and would be over in no time. Show the paperwork to establish what should have been paid to the OP and what was paid in error - and case over surely? The OP has admitted himself what happened.

Night-owl_6

This is'nt a matter for debt collection agents, the OP has committed a criminal offence, son as he withdrawed it he committed that offence and there is no defence as he had not one payment but TWO nad he never expected them from anyone but did'nt report it to the bank therefore he needs to seek legal advice

System

I think your overestimating who your dealing with :rolleyes:

The letting agency staff are unlikely to want to/ be competent to fill in all the forms and "just show up". If it is challenged in any way by the OP, then it would not be simply turning up but they would have to lead a full hearing with evidence etc (which the letting staff won't want to do, even if they filled in the forms themselves) or hire a solicitor to fill in the forms/attend at £200 per hour (as I indicated before).

Any company I have worked for would probably just write it off as uneconomic to recover after asking for it back.

As for the criminal actions, they would have to prove criminal intent, and since the agency paid the money into the bank account through their own stupidity, its hardly the OPs fault. It's also hard to prove without access to his bank records, showing that the monies were not inline with his/her established patterns etc. I could go on, but get real, its not going to happen!

:whistle:

talana wrote: »

I don't think they would be likely to employ a solicitor really, not to just turn up, show some paperwork and leave again!
It's not a complicated issue and would be over in no time. Show the paperwork to establish what should have been paid to the OP and what was paid in error - and case over surely? The OP has admitted himself what happened.

Tozer

Easily recoverable in small claims court. Time to pay up.

talana

I think your overestimating who your dealing with :rolleyes:

The letting agency staff are unlikely to want to/ be competent to fill in all the forms and "just show up". If it is challenged in any way by the OP, then it would not be simply turning up but they would have to lead a full hearing with evidence etc (which the letting staff won't want to do, even if they filled in the forms themselves) or hire a solicitor to fill in the forms/attend at £200 per hour (as I indicated before).

We'll just have to agree to disagree on that one I think. Whatever happens, it's for the OP to find out in due course.
I think you're overestimating how tricky and involved the whole process is. The agency would have the paperwork to back up their claim, what "evidence" could the OP produce if he challenged it? Easy straightforward case, easily recoverable.