We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Overpaid by Liquidator

Over a year ago I paid a double glazing company a deposit of over £1500. They went into liquidation before the windows were manufactured and I thought I had lost the money. Recently I received a letter from the Liquidator to say that I would be paid 10p in the £ and that a cheque for approx. £150 was enclosed. Actually the cheque they sent was for the full amount of my deposit and it has now cleared in my account. I am bitter this company (or at least the Directors) have done this several times in the past. Am I bound to pay back this apparent error ?

Comments

  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Yes.

    Keep the funds to one side for 6 years. If they haven't come for it by then, you could consider it a bonus.
  • bengalknights
    bengalknights Posts: 5,021 Forumite
    Part of the Furniture 1,000 Posts
    Yes the liquidators may notice the error and chase it back
  • I am sure they will notice but I am wondering whether or not I legally HAVE to pay it back
  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    That has already been answered. Yes.
  • CKhalvashi
    CKhalvashi Posts: 12,134 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I am sure they will notice but I am wondering whether or not I legally HAVE to pay it back

    Yes.

    Your contract was for 10p in £1, not the full amount.
    💙💛 💔
  • System
    System Posts: 178,365 Community Admin
    10,000 Posts Photogenic Name Dropper
    Why is your question in the credit card section? Did you pay the deposit by credit card (as that would solve your problem)?
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Voyager2002
    Voyager2002 Posts: 16,349 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    CKhalvashi wrote: »
    Yes.

    Your contract was for 10p in £1, not the full amount.

    Why did the OP have a contract with the liquidator?

    So long as the OP did not sign any kind of acceptance slip on the letter that came with the cheque, it would be very hard to demonstrate the existence of any kind of contract (except that for the supply of double glazing).

    In terms of what is morally right: evidently the failed company left a small pot of money and the liquidators are using it to make a partial return to the people in the OP's situation. There is no reason to believe that the OP is any more deserving than any of the others who were cheated and so no reason why it would be fair for the OP to get back more than his share of the 'pot', meaning that other creditors get less than their share.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.7K Banking & Borrowing
  • 253.4K Reduce Debt & Boost Income
  • 454K Spending & Discounts
  • 244.7K Work, Benefits & Business
  • 600.1K Mortgages, Homes & Bills
  • 177.3K Life & Family
  • 258.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.