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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 20066
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Proof of Payment Without Taking Payment

Resolved Question:

 


I had a payday loan which I'd agreed to settle at £950. I called and arranged payment via debit card over the phone on 13 August. Shortly after I received the email below: Hi [my name], We have successfully received your recent payment of 950.00 GBP on 13/08/2013 for your loan reference ID: XXXXXXX. Thank you! We wanted to let you know that we have made it easy for you to make loan payments anytime on our website. You can do so by clicking here or pasting the below link into your browser. [web address] If you have any queries regarding this, please feel free to drop us an email at [email address] Regards, [company name] - However, as of today, 17 August, they have not taken payment (though it's been authorised) and the funds are still available in my account. Are they now able to claim the funds given that they've already provided a receipt?


 


 


 


EDIT: They also sent the following:


 


 





















Dear [my name],


 

We're writing to let you know that your loan agreement (Agreement No. XXXXXXX) is now closed, as we have received all repayments.


 

We would like to thank you for choosing [company name] and hope you will use our short term loan services again. To apply in the future, simply visit our website and click Apply Now.



 


 


 


 

Submitted: 1 year ago.
Category: UK Law
Expert:  Stuart J replied 1 year ago.

Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

 

So are you telling me that you have not paid anything they have sent you a receipt for money? Are you asking give you can rely on that receipt?

 

 

I’m sorry to have to tell you that this is a legal mistake. There is no defence to mistake. Unless you can prove that you paid the money (and they will not be able to prove that you sent it) you have no defence even though you have the receipt.

Be different if you had proof of payment would obviously you do not.

Unfortunately, even though you have the receipt, if it went to court, you would have no defence and you would be ordered to pay the loan. If you did not pay it, you would end up a County Court judgement.

Of course, their own system may flag the loan up as being repaid and they may never chase you. You would have to see.

If they do not chase you, then once six years have elapsed, they are out of time to chase you for the loan.

 

I’m sorry, I appreciate that this is not the answer you wanted but there is no point in me misleading you. I have a duty to advise you truthfully and honestly even if that answer is unfavourable.

 

 

I am off-line now until later this evening if you need me to follow anything up.

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Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 20066
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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