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Return of money for non-cancelled standing order

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  • Return of money for non-cancelled standing order

    Hi,

    Hope someone can help with a bit of general advice.

    I was a tenant in a housing association property (in Scotland) and had a standing order set up to pay the rent. I cancelled my tenancy but it seems that I forgot to cancel my standing order. Unfortunately, I didn't notice for approx. 6 months until I had paid approx. £2000.

    After about 3 months, the housing association noticed that the rent account had extra funds (although they didn't know they were from me because of the way that standing orders work apparently).
    As a result, they issued a refund of around £1000 to the current tenant who is a friend of mine.

    After 6 months, I noticed and contacted them. They have accepted that I have paid £2000 into their account by accident. Their solution is for them to pay me back the portion of the money that I paid that wasn't refunded directly but that the existing tenant should pay me back the money that they refunded to her.

    This obviously has consequences - what if she doesn't pay me back? I will be out of pocket for approx. 50% of the money and I'd have to take her to a small claims court, etc. She could also take years to pay back the sum.

    The question is - should the association pay me back 100% of the money that was paid to them mistakenly (which they have accepted) and make an arrangement with the current tenant to pay back the refund that they issued or can they force me to pursue my friend?

    This is putting a huge strain on my friendship and it seems to me that the housing association's position is designed to ensure that they don't accrue any rent arrears and the problem goes away.

    Tags: None

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