An expensive mistake or can I get my money back???

mountainofdebt

Received my CC statement this morning and there was a late charge for non payment of last month's bill.

I knew I had paid it and so contacted my bank with details of the payment and date of payment.

It turns out that I mistakenly made the payment to my ex-employer ( I had previously made a payment to them for reasons that I won't bore you with now). For reasons I don't understand myself (perhaps it was a sixth sense!) I checked with the company's web site and apparently the company went into voluntary liquidation on 6/2/06 - I knew they were in serious financial trouble as that the main reason I left - the payment was made on 24/02/06 so would have hit their bank account around about 28/02/06.

Given I know (from the Companies House web site) who the receivers are and so can ring them on Monday - I presume that I will have to back this up with a letter - is there any chance of getting the money back???

I realise that the £20 late payment charge will have to stay - a bit sickening but not as sickening if I lose this money (over £100!) as well.

And yes I have now deleated their details from the payee list!

Any advice would be much appreciated.

CLAPTON

i can't help with the company situation but no you dont have to accept the later payment charges see


http://www.bankactiongroup.co.uk/

kathfisch

I think your plan to contact the receivers is the best idea, I can't see any reason why they should not give your money back. I suppose it could be a bit of a long process but they wouldn't have any justification for keeping it since you (presumably) don't owe them any money. Not sure what your position is legally though.

Good luck

mountainofdebt

I've written a letter in advance that I can send on Monday, to back up my phone call.

So long as I get my money back I'm not too concerned about how long it takes....I just would like it back.

There's very little point in contacting my old employer (he had a group of companies - the one that went under was basically funding the the one that he hopes will make him lots of money) as I know he will hide behind the fact that they and he are separate legal entities.

I'm just hoping that the rules about money going into the wrong bank account are accepted by the receivers!!!

tyllwyd

I'm not a lawyer, but I'd suspect that you are now an unsecured creditor of the company - and the problem is that unsecured creditors only get paid out of the money that is left over once the secured creditors have been paid, so you may not get back the full amount. Still, you should definitely write to the receiver and explain the situation to make sure that they have a record of your name and address, and the amount owed and the circumstances. Fingers crossed.

mountainofdebt

I am hoping that the dates of the company going into liquidation and me actually making the payment will have an influence over the situation.

As you say fingers crossed!

mountainofdebt

Well I spoke to the receivers today and in fairness he was quite helpful.

He told me that the Company's bank account should have been closed and the payment returned to me - as it hasn't I guess the bank haven;t got around to doing it.

He did say that once he had a letter from me he would phone the bank and ask them to trace the payment - and if it had gone in, then I would get it refunded.

So guess who faxed her prepareded letter as soon as she got off the phone??

Hopefully I should hear from him within the next few days - but don't uncross those fingers yet!