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Solicitors threat of Court order re: wages overpayment already paid

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Hi all,

 

Thanks in advance for any help.

 

I received an over-payment charge from a previous employer in October with a deadline for payment in 6 weeks.

At first they miscalculated the charge and over-charged me

- I did the calculations and got back to them to state that I believed it was incorrect.

They replied that they would look into it

 

 

a few weeks later sent me a new invoice with a lower (more accurate) charge.

I have been in email and phone contact with them about this since the first letter.

 

 

Following the second invoice, I then submitted another query re a tax return I was due in the month that they overpaid me for, and I was just checking that this tax return had not been included in the over-payment.

 

 

I also stated my full willingness to pay the charge once this had been clarified and noted that I had missed their initial 6 week deadline

- but that was because they had taken so long re-calculating the charge, and then I only had 2 weeks in which to pay 1.5 grand.

 

 

In their email response to this,

they stated that the reminder letters were automatic,

and that I would receive another in December/January unless they had received confirmation of my payment.

I paid the charge in later December.

 

 

Following this,

I emailed to confirm that I had paid.

I did not get a response to this email.

I also did not receive a reminder letter in December or January so assumed this meant they had received confirmation of my payment as stated in their previous email.

 

I have had no contact with them since I emailed to confirm payment in early January and did not receive a reply.

 

 

I have now been sent a letter from a solicitor stating that I have to pay the full amount in the next 14 weeks, straight to the solicitor, or they will take me to court and I will be liable for court fees.

 

I have already paid the amount in full.

I have the bank receipt from the initial payment as well as bank statements showing the payment going out of my account.

 

 

I am visiting the bank today to see if they can provide me with anything more formal, or even send confirmation to the solicitor directly.

 

 

Is there anything other forms of evidence I can acquire from the bank in order to prove my case?

 

I am now paranoid that the payment did not go through or that it was made to the wrong account,

but I gave the bank the original letter and asked them to input the bank details on the letter.

I have also checked the details myself.

 

 

If it was sent to the wrong account

- am I able to get the money returned?

 

 

The money has been taken out of my account.

 

Thanks in advance.

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Debt is not my forte,

but I have been around these forums long enough to pick up a thing or two.

 

 

My bet is that this has landed in the hands of a debt collection agency.

I understand such letters are a common ploy to get payment

- people are more frightened when they get lawyers letters.

 

 

I suggest you simply write one letter back, telling them that this amount had been paid in full and you can prove this,

they should refer to their client for confirmation, and they should cease and desist contacting you.

 

 

If they want to incur court charges to pursue a claim that is false then they can have at it!

 

I had a similar situation in early December, although with a supposed bill from Sky.

Like you my initial reaction was to panic since I didn't owe a penny.

 

 

They got a similar letter from me, and so far we are two months without a response.

If you have any doubts, go to the debts boards - someone there can guide you through telling them to #### off!

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Just advise the Solicitors in writing that you have already made the payment to their clients. Just confirm to them how you made the payment, date of payment, sort code and account number the payment was processed to.


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Thank you, this has reassured me. I

 

 

will post again in the debt page to see if they have any other tips.

 

 

I am quite young and have only just left university so this has freaked me out a bit and I panicked when I received the letter.

 

 

will go to the bank today to see if I can get any other formal confirmation that they payment was made, and will then write a letter to them this weekend, hopefully with bank evidence.

 

Please let me know if you have any other tips on writing the letter, or forms of evidence that you think would be useful.

 

 

In my panic yesterday I sent two emails to the solicitor

- one stating that I had already paid and asking them to call me asap,

 

 

and another forwarding an email correspondence between myself and the employer agency in which I state my intention to pay, and their reply which includes the statement above

(that I would not receive further letters from them once they had received confirmation of my payment).

 

 

I hope this has been a useful thing and not something they could hold against me in any way (?) as the emails were written quite in haste!

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stay here i'll move the thread to debts forum

 

 

dx


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you title says court order

have you ACTUALLY received one from the court

or is this just a solicitors threat-o-gram of one that they might issue?


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No sorry, to clarify it's not an order from the court but a threat from the solicitor. So a better phrase may be 'threatened court order.'

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