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Money sent in Error - URGENT HELP NEEDED

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  • Money sent in Error - URGENT HELP NEEDED

    Hi,

    We are a small business, and look after a group of models online. We pay them weekly/daily depending on the option they choose so for example If they work today, we will pay them 60% of what is in their credit statement tomorrow morning.

    Yesterday one of our ladies asked for a withdrawal of her credits via text message as, and I quote: "Hi hun, would you be able to cash the credit I made this morning at all?? Only I am skint xx Its not a lot only made 50 credits xx Is that okay hun? would Really Help me out x "

    The amount we paid her on was 55 credits which his equals £33. Unfortunately, due to missing a decimal point she was paid £3,300!!!!!!!! I contacted the bank immediately and ask for it to be returned, however, they said as it was a bill payment they cant do anything but contact her bank and ask for it to be returned in error. I contacted the girl in question and explained the situation, that an over payment of £3,267 was made in error and can she return the money.

    This is where it gets interesting. She said she will not be returning the money and that was what she was owed. I am absolutely flabbergasted she is claiming this. We have contacted the police to see if we can take it down a legal route because if she spends the money it would be classed as keeping any money wrongful credited to your account could lead to the person being charged with retaining wrongful credit under the Theft Act 1968. However, they suggest we should take them down county court action first to recover the money. Does this seem correct? We have written a pre-action letter to send out to her asking for the return of our monies within 7 days or we will take them to the county court to recover.

    Does anyone have any suggestions on the best route for us to go down, as well as the acts that I should site on the initial letter?

    I am 26 weeks pregnant and out of my mind with worry, we do not have £3,267 to throw around. any help/guidance would be appreciated.

    Thanks
    Tags: None

  • #2
    Looks like a "Letter before action" is your starting point.

    I know the link is goods but amend to suit you.


    Letter to send as a last attempt to ask a trader to sort out a problem before you take court action.

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