Housing Association credit £10k

MultiFuelBurner

So in layman's terms how could the OP present this in not such a legally worded fashion to negotiate the amount owed?

ArbitraryRandom

MultiFuelBurner said:

So in layman's terms how could the OP present this in not such a legally worded fashion to negotiate the amount owed?

The argument is that repaying the money would be unfair/unjust because they spent the money on something else in good faith that they wouldn't have bought if not for the mistake (so doesn't have it sat in an account to repay). 

The counter argument is that the mistake was made by both parties based on a reasonable belief in fact which was later found to be untrue, therefore interest free affordable repayments over a period of time are a reasonable remedy for both parties... 

GDB2222

A reasonable argument would also be that the op bought a car for £10k that he only bought because he thought he had the cash to spend. He can now sell it, but it is only worth £8k, say, so that is how much he can repay. 

He may have paid a year’s insurance and won’t get anything back on that, so he may raise that point, too. 

Or, as others have said, he may be happy to repay the whole £10k, but in fairly small instalments. 

Spencer2299

GDB2222 said:

Spencer2299 said:

Thanks everyone - appreciate your responses.
I genuinely thought I had overpaid at first…I think that was more hope getting in the way of reality. 

It's good of you to be so appreciative, as the advice you have been given by several well-meaning posters is incorrect. 

 

I genuinely didn’t know as I accessed my account and it showed a big credit from overpayments every month. I then asked them to refund me and they did. This confirmed my thinking. 

Thanks for the article I’ll read it and see if it can help.