Recovering payments made by standing order

[Chris S]

I sold my flat in December 2015 and used to pay my service charges by standing order. I assumed the solicitor had cancelled this as part of the conveyancing.

I have just received my bank statement and found out that it has been continued to be paid on the first day of each month for the past six months. I have now stopped the standing order.

Am I legally entitled to recover the service charges for the six months that I didn't live in my flat from the management company?

Is there a general rule on recovering money that has been erroneously paid by standing order?

 

[vickster]

Contact the managemnt company and explain the situation?

You could also ask the bank about general rules and protocols, but you did give permission for the payments to be made so I doubt the bank can recall the monies without the agreement of the management company

How would the solicitor have cancelled payments coming from your bank account?

I'm surprised it took you 6 months to notice, it's good to get into the habit of checking statements regularly to be able to spot fraudulent transactions swiftly not least!

 

[Chris S]

How would the solicitor have cancelled payments coming from your bank account?

Good point - I'm sure he said that he had when he worked out my share of the service contributions. I think it was obviously just spiel.

I'm surprised it took you 6 months to notice, it's good to get into the habit of checking statements regularly to be able to spot fraudulent transactions swiftly not least!

I get my bank statements every six months.

 

[vickster]

Good point - I'm sure he said that he had when he worked out my share of the service contributions. I think it was obviously just spiel.


I get my bank statements every six months.

Really? No internet banking? I like to keep track

 

[Globalti]

A simple letter to the management company with details of the payments ought to sort it out; they can have no reason to object.

 

[mjr]

I sold my flat in December 2015 and used to pay my service charges by standing order. I assumed the solicitor had cancelled this as part of the conveyancing.

I wouldn't expect the solicitor to do that, or even be able to do that.

Am I legally entitled to recover the service charges for the six months that I didn't live in my flat from the management company?

I think so, but I think you'll have to contact them explaining the overpayment and obtain a refund.

Is there a general rule on recovering money that has been erroneously paid by standing order?

I think in general, if you told the bank to send it, it's gone and it's a dispute between you and the recipient if you know who it is.

 

[T4tomo]

The mgt co know the payments are made in error as you've moved out, they have no right to keep them so just ask for them back

 

[cisamcgu]

Ask nicely, but ask in writing maybe sending it by registered post ?

 

[jefmcg]

If money is paid into a bank account in error, you could be charged with theft if you don't pay it back when asked. Ask.

As others have said, it's not the solicitor's or management company's fault. A standing order is exactly the same as going in to the bank on the same day each month, and paying into the company's account. There's no way they can stop that, and no easy way to pay it back. Your solicitor could have only done something if you gave him power of attorney over you affairs.

Direct debit is different, though.

 

[Chris S]

If anybody is still interested I contacted the management company and I've just received a full reimbursement.
I was rather surprised as I had to take legal action against them to replace a roof that had been leaking for nine years.

 

[Paulus]

A good conclusion then.

 

[twentysix by twentyfive]

Direct debit is different, though.

In what way? Can one get monies back when erroneously paid?

 

[Profpointy]

In what way? Can one get monies back when erroneously paid?

With direct debit the recipient has asked the bank to take the money. You can then tell the bank they shouldn't have taken it and the bank will take it back, leaving the recipient to argue the toss with you if you really did owe them the money. Without this, no one would ever agree to direct debit as a comoany could simply empty your account if they wished.

A standing order or bank transfer is you telling the bank to send the money,and a specific amount at that. It would be pretty poor if someone had given you money and then somehow retrieved it later without your knowledge or say so.

That said if (you) wrongly pay someone you can ask them to return it, and indeed sue them for its return, but can't expect the bank to simply take it.

 

[twentysix by twentyfive]

Ah thanks. My confusion was that I usually get a bill from companies "confirming" the amount they are going to take by DD sometime soon. Sort of implied in my brain that if I didn't take action then to correct an error I may be done for. Sounds like DD's are safer??

 

[PhilDawson8270]

If anybody is still interested I contacted the management company and I've just received a full reimbursement.
I was rather surprised as I had to take legal action against them to replace a roof that had been leaking for none years.

None years? maybe they didn't repair it as it wasn't leaking?