Money was paid into my account in error but before I was informed it was used to pay direct debits etc. Do I have to pay it back ?

by , 3 months agoOpen Question

Additional Information

added 3 months ago...

They had made a number of payments into my account on behalf of my brother who having just returned to the country didn't have a bank account, I was never aware when payments where coming in. Also it seems they had deducted monies from previous payments that they shouldn't have. Unfortunately my building company has ceased trading and like so many others I'm struggling to make ends meet let alone pay this money back .

added 3 months ago...

Thx snoopy the monies were for building work my brother did for them and they and they kept money back for laughable "snagging"items.I used to invoice via my building company which has now ceased trading for his money as he had only just returned to this country .
But your right I didnt keep a constant eye on my account back then and it was 6 weeks or more before I was notified by them this was the middle of last year and I haven't heard from them for 6 months or more until today via a debt collection agency.

added 3 months ago...

Oh and it was a private account it was paid into not a business account. And yes the bank would have assumed it was my money .

added 3 months ago...

It's about ?600 and it's was paid into a personal account.I've told them that the company has ceased trading and am waiting for a response .

Answers (3)

Hi troyte and welcome to the forum.

The situation is a tad unclear here ... who actually made these payments into your account on behalf of your brother and what were the payments for? I assume that you gave permission for your account to receive such third party payments? And was the bank fully aware that these were third party payments and did they agree to them if they were?

I can only assume that the bank assumed this was your money and paid your direct debits from them .. is that correct?

And when you say "Also it seems they had deducted monies from previous payments that they shouldn't have" ... what exactly are these deductions and were they made by your bank and why?

I can only suggest that it is up to you to maintain your account in good order and things have happened here that perhaps have failed to oversee and unless the bank has some proven culpability here, I can only assume the debt is yours and needs to be discussed with the bank as to what you can or cannot currently do in repayment.

by Snoopy48, 3 months ago

Hi again troyte ... thank you for the further info. Alas I can only say that since the credits were legitimately paid into your account ( although as you say there were reduced payments at times ), the bank appears to have acted correctly. Since your building company has ceased trading, it's going to be difficult to deal with getting money back from previous customers. You do not say how much debt is involved here but if it is substantial then perhaps you should seek advice from your local Citizens Advice Bureau who will refer you to their own business debt line contacts.

I assume that you didn't trade as a limited company that ceased trading without assets? And was the bank account concerned a business or personal account?

by Snoopy48, 3 months ago

I would imagine that despite the company having ceased trading ( I assume that it was you, trading as something rather than a limited company ), then the debt was very much a personal debt even though it was as a result of business cashflow. At a ?600 debt it would be better to deal with that rather than ignore it,even if only nominally for now thus avoiding rip off additional charges.

by Snoopy48, 3 months ago

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