National lottery - debt

This is a slightly strange situation

Two weeks ago I withdrew £10 from my lottery account. There was some system problem and I never got the money until two days ago when they deposited £10 X 4 into my bank account.

I contacted them and they said they were having payment problems and would rectify it soon.

Yesterday they set my national lottery account to -£40. I have queried this as they owed me £10 so it should be -£30. They have responded with I need to pay £40 into my lottery account and then they will refund £10 to me. I said I wouldn't do this and would only pay £30 in. They have rejected this and have threatened me with legal action to recover the money.

Do they have a valid legal claim as they appear to want to pursue me through the courts for the £10 they owe me!
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Comments

  • JReacher1 wrote: »
    This is a slightly strange situation

    Two weeks ago I withdrew £10 from my lottery account. There was some system problem and I never got the money until two days ago when they deposited £10 X 4 into my bank account.

    I contacted them and they said they were having payment problems and would rectify it soon.

    Yesterday they set my national lottery account to -£40. I have queried this as they owed me £10 so it should be -£30. They have responded with I need to pay £40 into my lottery account and then they will refund £10 to me. I said I wouldn't do this and would only pay £30 in. They have rejected this and have threatened me with legal action to recover the money.

    Do they have a valid legal claim as they appear to want to pursue me through the courts for the £10 they owe me!
    Has the payment from the Lottery to your bank been made in error?

    If so, you also have a responsibility to notify your bank and the originator of the error. This probably Means you have to return all the money back to the originator. Then they will rectify their error, and pay you what you are owed.

    Of course, you can hang round forums waiting for the answer you want, but what else would you gain!
  • naedanger
    naedanger Posts: 3,105 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    JReacher1 wrote: »
    This is a slightly strange situation

    Two weeks ago I withdrew £10 from my lottery account. There was some system problem and I never got the money until two days ago when they deposited £10 X 4 into my bank account.

    I contacted them and they said they were having payment problems and would rectify it soon.

    Yesterday they set my national lottery account to -£40. I have queried this as they owed me £10 so it should be -£30. They have responded with I need to pay £40 into my lottery account and then they will refund £10 to me. I said I wouldn't do this and would only pay £30 in. They have rejected this and have threatened me with legal action to recover the money.

    Do they have a valid legal claim as they appear to want to pursue me through the courts for the £10 they owe me!

    Not in my view.

    However you might find it is easier doing as they say, if you don't want them to create an ongoing accounting mess. Some companies' accounting software seems to go mad if anything is processed in a way the software was not anticipating. (I say this from personal experience as a customer of npower.)
  • JReacher1
    JReacher1 Posts: 4,661 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    If so, you also have a responsibility to notify your bank and the originator of the error. This probably Means you have to return all the money back to the originator. Then they will rectify their error, and pay you what you are owed.

    You seem to have trouble reading my post......

    As I stated I contacted the national lottery as soon as I spotted the error and they said they would rectify it for me. I have offered to pay the £30 I owe and this was rejected.

    My question was can they pursue me in court for a £10 debt that they admit they actually owe me.
  • JReacher1 wrote: »
    You seem to have trouble reading my post......

    As I stated I contacted the national lottery as soon as I spotted the error and they said they would rectify it for me. I have offered to pay the £30 I owe and this was rejected.

    My question was can they pursue me in court for a £10 debt that they admit they actually owe me.
    No, I read your post. You have a responsibility to notify the originator of their error, which you have done. Also, you have a responsibility to rectify the matter. If this is to repay all the money, then this is the best thing to do.

    Of course, you can ignore the advice given, and have your account suspended, or withdrawn. The choice is yours.

    I wish you every success in the courts!
  • mickey54
    mickey54 Posts: 383 Forumite
    Surely if there was a 10 credit originally, and they have now made the account -40 .. And there has to be 40 put in to clear ...where is the 10. Poster is correct that only 30 should be returned, and lottery should do an internal fix.
  • JReacher1
    JReacher1 Posts: 4,661 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    mickey54 wrote: »
    Surely if there was a 10 credit originally, and they have now made the account -40 .. And there has to be 40 put in to clear ...where is the 10. Poster is correct that only 30 should be returned, and lottery should do an internal fix.

    Yep this is what happened.

    It was plus £10

    I withdrew £10

    They gave me £40 (so I contacted them to tell them)

    They've now made my account -£40.

    It doesn't make any sense!
  • JReacher1
    JReacher1 Posts: 4,661 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    No, I read your post. You have a responsibility to notify the originator of their error, which you have done. Also, you have a responsibility to rectify the matter. If this is to repay all the money, then this is the best thing to do.

    Of course, you can ignore the advice given, and have your account suspended, or withdrawn. The choice is yours.

    I wish you every success in the courts!

    You still seem to have trouble reading my post.

    I did offer to rectify the matter which was to pay the £30 I owe them.

    I only ignore bad advice ;)
  • LABMAN
    LABMAN Posts: 1,659 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    JReacher1 wrote: »
    You still seem to have trouble reading my post.

    I did offer to rectify the matter which was to pay the £30 I owe them.

    I only ignore bad advice ;)



    Why not just do what they ask and be done with the problem as it comes to the same solution ie you get your £10?
  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If your NL account is now £40 in debit, provided that you can afford it then why not simply pay in £40 and then either withdraw £10 straight away (if you are able to), or contact them and ask them to send the £10.

    You are in the right by only wanting to pay them £30 but in all honesty, it is really worth dragging it out and risking having your lottery account closed simply to make a point?
  • JReacher1
    JReacher1 Posts: 4,661 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    LABMAN wrote: »
    Why not just do what they ask and be done with the problem as it comes to the same solution ie you get your £10?

    I'm not sure I trust them. They seem to be having serious problems with their PSP. The whole problem is their mistake so they should be responsible for rectifying the error.
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