Can I claim this money back?

HellsGranny

In 2005 I sold a house , which had only a £15,000 mortgage on. I paid for my new house outright from the proceeds of the sale. I have since discovered that Abbey have continued to take payments for this paid-up mortgage from my bank. (I mistakenly omitted to cancel the Direct debit at the time of the sale).

I have asked my bank for copies of certain statements covering this time.

My question is, can I claim this money back from Abbey? I have already asked, but Abbey have been less than helpful, they say I need to find the paperwork. I can get the relevant mortgage number from my solicitor, who dealt with the sale. Will this and the Bank Statement evidence be sufficient, do you think?

dunstonh

(I mistakenly omitted to cancel the Direct debit at the time of the sale).

Was it a direct debit or a standing order?

My question is, can I claim this money back from Abbey?

If its not money Abbey were entitled to then you can get the money back.

Abbey have been less than helpful, they say I need to find the paperwork.

Which would be a valid request if its standing order but not if its direct debit.

Will this and the Bank Statement evidence be sufficient, do you think?

If its a standing order, you should provide the sort code, account number and reference number that was being used. That way Abbey can identify the account it was going into.

HellsGranny

It would have been a Direct Debit, definitely. Unfortunately, the original documents were lost during a flood. However, I do still have the Proposal and offer papers.

I think they are being awkward just because they can.

Until I get the bank statements, I am unsure how much it is, but it could be £2000 approximately.

I still have the same solicitor, so the details should be in their archived files.

dunstonh

It would have been a Direct Debit, definitely

Strange. I can understand it if was a standing order as you control the payments. A direct debit is controlled by Abbey. So, with a direct debit they would be able to see all the details and information. With a standing order they wouldnt.

You can make a claim under the direct debit guarantee scheme if it is a direct debit. Your bank wont like it and may try to put you off but that scheme is in place to cover payments taken incorrectly. Before you use the guarantee scheme, it is always worth trying the debtor first (Abbey in this case) to see if they will be quicker to refund. However, you have done that and they are not playing ball. So, now its time to use the guarantee scheme.

HellsGranny

Thanks, Dunston, will get onto it.

Cheers.

jill2002

It is sounds very likely that it was a standing order. The mortgage account would have been closed when it was repaid and there would be no way to request the direct debit.

If it was a standing order, check your accounts carefully, you may find that the money has been coming back to you a couple of days later each month because they cannot place the funds to any account, so therefore you are not out of pocket.