refunded twice by car finance

boltonguyz

I was refunded twice for one overpayment on an old car finance as i have new car with different company. Six months later they are asking for the money back. We have heard nothing about this until now. I have checked my bank account and it was paid twice on different days but was not aware of this. Do we have to pay this back, if so what are our options as we are on a tight budget?

beentheredonethatstilhere

Are you bankrupt?

boltonguyz

No, why what difference would that make?

DaisyChainMaker

This is the bankruptcy forum, hence the question. I would personally think that yes you have to repay the company, as you are not entitled to two payments. How did you not notice at the time? Was it such a tiny amount that it went unnoticed? Or do you often get large amounts of money into your bank?

beentheredonethatstilhere

This specific board on the forum is for bankruptcy advice, so the majority of posters on here have experiance of bankruptcy and not of double payments and would not know how to answer your question. Give me a minute and I will see if there is a more appropriate board to ask your question on.

boltonguyz

sorry new to this posted in wrong room

beentheredonethatstilhere

Not a problem at all. There are tons of boards on theis forum it can get confusing.

Not 100% on which board you should post on so I am going to PM a board mod to move it to a more appropriate place.

jb66

£1 a day for the next 340 years?

toxic1990

No, the answer is not that clear cut.

If you received the money and spent it (relied on it) than they can't just ask for it back, as it was there mistake not yours. They can only get it back if you knew it was a mistake, and did not use the money thinking it was genuinely yours.

That is my understanding.

I am thinking this falls under unjust enrichment.

suited-aces

If you paid them twice by mistake would you be happy for them to keep it?

toxic1990

jdturk wrote: »

If it went to court I would have thought that it would be most likely that a payment plan would be initialised.

Anyone can say, 'I didn't realise it had happened'

I forgot to add, its a defense, you have to bring it up and prove that you weren't aware of any overpayment, and you spent it on something you wouldn't of bought if you had know of the mistake.

I am speaking purely academically, and I am hungover so can't think straight on how you would go about proving the former.

suited-aces wrote: »

If you paid them twice by mistake would you be happy for them to keep it?

I love when people go on about karma.