Britannia claiming overpaid refund

Pauleb80

I ended my mortgage with Britannia last July and moved to HSBC. In August 2016 some money was paid into my account by Britannia. I assumed, as happened on previous occcasions when I remortgaged, that this was a refund of money I'd overpaid on redemption.

Apparently not, they're now sending me threatening letters asking for this money back. When I queried it they said they overpaid me by mistake. They want me to pay this back within 14 days or they'll refer to their legal team. This money is long gone since I thought it was money they owed me and it was almost 12mths ago. I can't find £500 odd in 14 days, I'm hoping a court will understand the circumstances.

Has anyone else had similar experiences with Britannia?

dimbo61

So ring them and offer £50/100 a month.
Getting a CCJ could make life difficult

dunstonh

You have no legal entitlement to money that is not yours unless you have reasonable expectation. Your scenario is not reasonable expectation.

The general position is that you get the period that it has taken them to ask for the money back as a repayment period. So, they should allow at least 12 months for you to repay it.

I'm hoping a court will understand the circumstances.

The court will rule in their favour and set a CCJ for you to pay the money back over an affordable period. Having a CCJ on your record will affect future credit. It may also impact on your employment depending on what you do.

Tell Britannia you dont have the money but you can afford to pay it back monthly. If they refuse, you complain under the regulated complaints process that they are being unreasonable. If they still refuse you go to the FOS. The FOS would give you 12-24 months as a repayment period. Britannia know this so they should allow you to pay it back monthly without that hassle.

Have you actually spoken with them about this or have you mostly buried your head in the sand?