Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Help please - overpayment refund

    Hello everyone

    I am asking for some advice as to how to proceed to reclaim an overpaymenticon I inadvertantly made. It is a bit of a convoluted story, so please bear with me!

    I had been repaying a business account overdrafticon to Natwest after the account closed. This was at the rate of £25 per month. The debt was run up when I was still married, and the last address that the bank had was the former marital home where my estranged ex-wife still lives. I had arranged the repayments through my solicitor at the time, some 6 yearsicon ago.
    I had been paying regularly from a Nationwideicon Flexaccount, which was upgraded a few years back to a new account with a chequebook. All standing orders etc were transferred across to the new account. Unfortunately, I did not notice that the end date of payments had been deleted during this switch.

    I had an overhaul of my finances in November, and discovered that I had in fact been paying for far too long. I cancelled the standing order immediately, and contacted NatWest at Credit Management, in Telford. They advised that the account had been closed in April 2006, and a refund cheque of £144.51 issued to me at my ex's address. Needless to say I never received it! They agreed to see if the cheque had been cashed. I have just been informed that it has, even though my ex doesn't have my name any more.

    As it will be verging on the impossible to get anywhere with her, I want to pursue the bank to get my money back. Surely this is a case of a bank error, in accepting a cheque to a 3rd party (me!) compounded with fraud on her part? If so, has anyone any idea as to how I can remedy the situation please?

    Any help would be very gratefully received!

    MO

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  2. #2
    NATTIE
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    Default Re: Help please - overpayment refund

    You need to ask who the cheque was payable to. If it was to you then you need to report it as fraud as if it is payable to you and has been cashed then clearly you haven;t cashed it.


  3. #3
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    Default Re: Help please - overpayment refund

    Thanks Nattie,
    It was made payable to me, solely in my name. I have requested full details of the bank account into which it was paid, and a copy of the cheque itself. They weren't too keen at first, but I advised them of my rights under the DPA, and they immediately agreed!
    MO


  4. #4
    NATTIE
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    Default Re: Help please - overpayment refund

    Maybe you should have stated that as you have no knowledge of receiving it then it is suspected fraud, and you would need a copy for the police and the number for Natwesticon Fraud team


  5. #5
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    Default Re: Help please - overpayment refund

    If I get no joy from them, I'll try that tack. thanks.


  6. #6
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    Default Re: Help please - overpayment refund

    Has anyone any idea who the liability rests with, (apart from ex!) Natwesticon, who issued the cheque to me, or the bank that ex paid the cheque into?


  7. #7
    NATTIE
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    Default Re: Help please - overpayment refund

    until it is confirmed where the cheque has been paid into the liability is twofold. If the cheque was payable to you then the person that paid it into an account that does not have your name on it. It should have been spotted.


  8. #8
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    Default Re: Help please - overpayment refund

    It's your responsibility to notifty them of chang of address, however if your wife has cashed the cheque she is a fraudster and I'd grass on her to the police.



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE