Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
My car was wrote off in a non fault accident, I received a cheque, with my name on it and accompanying letter, from 3rd party insurer which I paid in to my account.
I was then paid a larger sum by bacs into my account (I assumed the cheque was an initial payment) which was the agreed value of the car - this again was from the 3rd party insurer.
It transpires that the cheque was sent to me in error from the 3rd party insurer and the company it should have gone to, my insurers recovery agent, have not received their money.
Subsequently they want the money off me, as I have been advised from their solicitor.
Where do I stand, legally?
In my opinion the 3rd parties insurer made the error, they should write off this amount and send it to the correct place, and my insurers solicitors should be pursueing them and not myself.
Any help would be appreciated, if I need to clarify anything please let me know.
Would make them more careful if they had to write these amounts off!
Why should they write it off though? Premiums would be higher if insurance companies had to keep writing off incorrect claims payments. This is not to say that they shouldn't be more careful.
£600 is a lot of money. If it was a small amount, say less than £10, then the insurer would probably be more willing to write it off, as the cost of collecting it would be higher than the actual amount.
Touristboy, some people are confusing, knowinbly spending what is not yours and spending money in good faith(the good faith can be argued in any defence--I did my research many moons ago). If you had spent it in good faith then the bank would find it difficult to prosecute. You would have then had to arrange to pay it back in instalments, as you would have to explain to them the circumstances, ie you believed it to be a first instalement of an insurance claim. Pay em it back as they have brought it to your attention. Send the cheque registered mail and keep the receipt and the matter is over. You don't need the expense of a lawyer just of registered/special delivery. At least you did not spend it.
If you have not spent the money I do not see where the problem lies. You know now that it was sent in error and still have it. You are legally and morally obliged to return it. It may also be possible for you to be convicted of fraud.
Return the money which you know is rightfully theres. You have not lost out.
Insurance cheque - please help!
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