Payment made by mistake

~Brock~

Just because a solicitor has said not to make further payments does not make it right.

The Solicitors Regulation Authority is already concerned enough about their members involvement in dubious consumer credit claims to issue their own warnings on the subject.

http://www.sra.org.uk/sra/news/sra-update/2714.article

http://www.sra.org.uk/solicitors/code-of-conduct/guidance/2636.article

I wonder if your solicitor is one of the 10 being investigated?

As this thread appears to have become a game of fact tennis, it may be worth reconsidering the idea that charging interest on insurance premiums is wrong, when it is perfectly legal.

OP I hope you dont value your credit rating too much.

ILW

Albiedoo wrote: »

PS the car isnt actually being used as again I repeat myself he is waiting for them to come and pick the car up, again on the advice of a solicitor!

Is this a proper solicitor, or one that specialises in getting loans "written off" etc?

AnxiousMum

You are the guarantor of the loan correct? All the company have done is after having no luck getting a payment out of your son, is gone after the person who has said they're good for the loan if their son defaults.

Being a guarantor means just that - guaranteeing the loan and that the payments will be made. I'm surprised they took just the one month and not all six that the loan is in arrears.

Albiedoo

Thankyou very much to the ones who tried to help.:beer:. I will just have to transfer the money back across, it was just someone mentioned that because it was a Ltd company we could get the money back as it was paid by mistake. The mistake was made because i'd told the girl to pay one bill and a letter I had brought into work from the finance company was next to it and she paid the wrong one!!!!

sulkisu

AnxiousMum wrote: »

You are the guarantor of the loan correct? All the company have done is after having no luck getting a payment out of your son, is gone after the person who has said they're good for the loan if their son defaults.

Being a guarantor means just that - guaranteeing the loan and that the payments will be made. I'm surprised they took just the one month and not all six that the loan is in arrears.

I was just thinking that. OP have you checked your position regarding your role as a guarantor? Won't you have to make payments on the loan and what happens if you don't - e.g. credit trashed, CCJ, etc? It might be worth finding out.

Edit: What did you mean when you say the loan was missold?

PNPSUKNET

ambulance chaser sol, we will write your deb off, trash your credit file one?

[Deleted User]

Albiedoo wrote: »

Woodbine, what advice was I actually given before your comment? All I got was cocky insults. A solicitor told him not to make anymore payments after he defaulted once, he was willing to carry on paying but i repeat a solicitor advised him not to. What I am on about is, are there any rules about me getting my money back for the payment which was paid from a Limited company account which isnt a personal account? If it was a payment from my own account then fair enough but the mistake was made from something completely unconnected with the loan by a girl in work?

there were only 2 comments before mine both stating facts.

housebuyer_abc

Albiedoo wrote: »

I was a gaurantor for my sons car. He defaulted on the payments. It is now in the hands of a solicitor as it turns out that the loan and insurance was missold. He has not made a payment for 6mths under the advice of the solicitor. I have mistakenly just made a payment on the loan from my own limited company account. They are refusing to give this payment back. How do i stand on getting this payment refunded?

Ok so you shouted that people should know the facts... How about this one then...

How in heavens name did you "manage" to make "mistakenly" make a payment from your limited company account?

Have you declared this payment as a benefit in kind? Do you intend to do so, because at the moment given the car is not an asset of the business you have just committed an act of tax evasion by using company money to pay for a personal item.

Don't mix company and personal money it's like rule 1 of being in business!!!

housebuyer_abc

Hold on a minute you can't now go blaming 'a girl at work' for this mess.

Firstly you gave her access to the account (or cheque book) therefore it is your responsibility.

Secondly she isn;t the person who has defaulted on the loan it is your son (and you as guarantor) who has done that.


Another case of the 'oh no it's not fair why should I pay' world we live in.

Ho w would you feel if your customers didn't pay you? I guess you see that as being "different" though don't you?????