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Advice wanted re natwest debitcard


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Hi forum,

i recently paid a payment on my Natwest debit card for a selfemployed driver who told me that he had been fined by plymouth docks on his return from france for a import tax on our company goods.

he was standing next to the port offical so i agreed to pay this charge as i beleaved it to be a company bill.

 

When our accountants saw this entry they questioned this, i contacted HM Customs who told me and put it in wrighting that this fine was for red diesel and nothing to do with import tax.

i have asked my bank to retract this payment and they will not they told me to get a refund from customs and yet they say tuff as i willingly gave my consent regardless that i was not told the real fine.

 

please please give me some advice!!!!

 

Sean

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Unfortunately your bank is right in this situation. You instructed them to make payment and they complied with your instructions.

 

If the payment was not due you could claim it back from HM customs on the grounds that it was made by mistake under the law of restitution.

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The law of restitution is the law which is used for returning payments which would otherwise result in unjust enrichment. There are certain causes of actions which are referred to as the 'unjust factors'. One of these unjustfactors is where the payment was made as a result of a mistake.

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i would like to say a big thanks to zootscoot.

 

Is there a letter on this forum this type or would you send them another letter pointing this out?

or would you go straight to issue a summons?

 

thanks sean

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There is no template to cover this specific situation. You would need to send them a letter setting out what happened and that you feel that you are entitled to be refunded as the payment was made by mistake. State that you will give them 28 days before commencing a court action if they do not comply. Send a reminder letter after 14 days.

 

You can then file a claim once the 28 days has expired.

 

If you draft a letter and put it up for comments before sending :)

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