reclaiming interest? on wrongfully taken money

cbristol

Hi my girlfriend just noticed today money was being taken from her account starting in 2011, it was a debt collection agency was paid off in a matter of 2 months but it carried on being taken until today the firm has agreed to refund her the money owed, basically stating after numerous letter's couldn't get get hold of her to cancel it all seems fine even tho they read out het current mobile number and didn't bother ringing strange.
My question is can interest be applied to the figure as technically the money was sat in their account for 3 years? And if so how would we go about it.

Many thanks in advance for your replies

dunstonh

My question is can interest be applied to the figure as technically the money was sat in their account for 3 years?

No. Interest can be applied to forms of compensation but the firm is not responsible for your girlfriend sending money to them.

cbristol

Hi and thanks for the reply, altho I'd disagree with not being able to recover the monies it's the same as if a bank accidentally pays you 50 grand by accident you don't get to keep it, it's receiving money by deception and I'm confident any small claims court would side for the victim I'm curious if anyone else has any views regarding the interest on the money many thanks

tomtontom

cbristol wrote: »

Hi and thanks for the reply, altho I'd disagree with not being able to recover the monies it's the same as if a bank accidentally pays you 50 grand by accident you don't get to keep it, it's receiving money by deception and I'm confident any small claims court would side for the victim I'm curious if anyone else has any views regarding the interest on the money many thanks

dunstonh is correct - your gf is at fault here, she is not entitled to interest on the money she transferred.

If you are so confident of winning at small claims then you'll be happy to pay to issue a claim

cbristol

We'll after a very brief call and the threat of a small claims a cheque was issued,it's really that simple I already knew this. We don't live in world where banks can get away with it and the average Joe can't it's that simple was just after advice on how one would go about it, perhaps contacting the bank would be a better course of action..

dunstonh

cbristol wrote: »

Hi and thanks for the reply, altho I'd disagree with not being able to recover the monies it's the same as if a bank accidentally pays you 50 grand by accident you don't get to keep it, it's receiving money by deception and I'm confident any small claims court would side for the victim I'm curious if anyone else has any views regarding the interest on the money many thanks

If you GF was sending them the money then they are not responsible and have no control over that (e.g. if it was a standing order). If it was a direct debit then they have control over that.

A small claims court may well award the capital amount being refunded as that is logical. However, your question was about interest and that does not have to be applied.

roonaldo

cbristol wrote: »

Hi and thanks for the reply, altho I'd disagree with not being able to recover the monies it's the same as if a bank accidentally pays you 50 grand by accident you don't get to keep it, it's receiving money by deception

An error or oversight is not deception. they have already said they have tried contacting her, this isnt really a sign they were trying to defraud her.

Also if the bank accidentally paid you £50k and wanted it back, they are not going to demand interest too are they.

and I'm confident any small claims court would side for the victim I'm curious if anyone else has any views regarding the interest on the money many thanks

I too believe she is not entitled to interest. she isnt really a victim here. why didnt she cancel the payments to the debt collection agency? You can take it to court if you really believe that, but you are going to need evidence. If they will probably just pull out a load of copies of letters and telephone records of their attempted contact.

cbristol

Hi yes it was a directdebit no letters were recieved nor no fone calls recieved thus they knew money was going in and made no attempt to stop it hence deception. As for 50 grand being accidentally paid by a bank comment this spanned 3 yrs I highly doubt a bank with the money grabbing tactics they use would miss 50 grand for 3 years? Perhaps I'm wrong after all we bailed them out so they can receive their big bonuses? That convo over I think. 3 Years interest is what I'm wondering can't provide a suitable answer its np can always contact professionals

brown1950

dunstonh wrote: »

No. Interest can be applied to forms of compensation but the firm is not responsible for your girlfriend sending money to them.

Did the OP say his girlfriend sent money ? or did the OP say money was being taken from her account for 3 years ?

tomtontom

cbristol wrote: »

Hi yes it was a directdebit no letters were recieved nor no fone calls recieved thus they knew money was going in and made no attempt to stop it hence deception. As for 50 grand being accidentally paid by a bank comment this spanned 3 yrs I highly doubt a bank with the money grabbing tactics they use would miss 50 grand for 3 years? Perhaps I'm wrong after all we bailed them out so they can receive their big bonuses? That convo over I think. 3 Years interest is what I'm wondering can't provide a suitable answer its np can always contact professionals

I'm sorry, that makes no sense.

cbristol

Hi pretty simple I said if a bank paid u 50k by accident u said they'd expect interest which I'd agree, providing it was sat in ur bank. But to miss 50k for 3 years is highly unlikely we on the same road now?