Jump to content

Follow this link to read a discussion about estoppel.

Estoppel can only be raised by a Defendant. You must have acted in absolute good faith and have received the money with an honest belief that you were entitled to it. If you still have the money saved, then you will have to repay it. If you have spent it then it must have been only on your normal living needs.
If you spent the money as a 'windfall' on something completely out of character with your normal lifestyle, then you will have to pay it back.
You will be required to pay the money back anyway unless you can show that to do so will put you in difficulty.

You can also use estoppel as a defence where, for example, you have an instalment agreement with your creditor but they the go on to sell your debt to a debt collector.

In disputes with your bank where they have broken a promise to you you could use estoppel or also BCOBS in the alternative.

  • Overpayment
  • estopped
  • Overpaid
  • Create New...