How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Stuart J Your Own Question

Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 20871
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
11292137
Type Your UK Property Law Question Here...
Stuart J is online now
A new question is answered every 9 seconds

My housing association included the overpayment from my rent

Resolved Question:

My housing association included the overpayment from my rent in my property completion statement. They then sent me a cheque in error for the same amount, which I banked at the time, not noticing it had been already included in the completion statement. They are now asking via my solicitor for the money back, months later after completion. It's a bad time as I've just been made redundant, and the error is entirely due to the housing association. Do I have to pay it back?
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Stuart J replied 1 year ago.
do you accept that this money is not yours and that they should not have paid it?
how much is it?
do you still have it?
when did you notice that there was an overpayment? Thank you
Customer: replied 1 year ago.

Hi,

 

It's difficult to answer your first question, sorry. The money was originally mine, as I overpaid my rent due to the housing association's endless letters with mistakes in how they calculated rent and maintenance charges. The housing association transferred the money to my solicitor for the completion statement.

 

The housing association then said after completion I had a credit on my account, and sent a cheque. I did not query this or check it against completion amount, as I believed the solicitor had sorted everything for completion, but the housing association had found money on their system owed to me.

 

It is about £900. I put the cheque into my bank account when they sent it a few months ago. I didn't realise it was an error, until a letter arrived from my solicitor today asking me to pay the housing association's solicitors via my solicitor. Because the housing association had paid me the same amount twice (one time at completion to return my rent overpayment, and one time in error by cheque months after).

 

Rating - Excellent Service

Expert:  Stuart J replied 1 year ago.






Thank you.



The first thing to establish is whether this is indeed an
overpayment. From the facts you have given me it would appear that it is and I
will tell you the situation.



Obviously, if it is not an overpayment and it is money that
you are due, they cannot chase you for it.



It seems most unlikely they would chase you for money that
you are not due however stranger things have happened. Obviously, I cannot help
you with whether the money is due to you or not and you will need to go through
your various statements in that respect and even ask the housing association
for a detailed analysis and breakdown of the monies so that you can establish
that it is indeed owed to them.



Assuming that it is an overpayment and you were not aware of
it being an overpayment then even if you have spent it, it cannot be theft. If
you were aware however that it was an overpayment it is theft and people have
been prosecuted and indeed jailed (more than £900 I might add) for spending the
money in exactly the circumstances.



I appreciate that this is a housing association error/mistake
but they are allowed to rely on a mistake in court if it gets that far with
regard to getting their money back and you are not entitled to rely on it to
keep it. The situation in this respect is well settled law.



I appreciate it is a bad time as you have just been made
redundant but that is not the fault of the housing association.



Under the circumstances however it is not at all
unreasonable for you to pay them back in dribs and drabs and my suggestion
would be to offer them £50 or £100 per month. Expect them say that is not
acceptable but keep sending them cheques anyway or better still send them one
current cheque and half a dozen post dated ones.



If you do indeed owed the money, and they take you to court
and they proved to the satisfaction of the court that you do owe the money, you
will lose am sorry to have to tell you.



Does that answer the question? Can I help you any further?

Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 20871
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and other UK Property Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    2289
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    2244
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    1198
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    809
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/AJ/ajlaj01/2012-5-9_14051_Profile1.64x64.jpg Alex J.'s Avatar

    Alex J.

    Law

    Satisfied Customers:

    400
    LPC, 2 Years Conveyancing
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    212
    Barrister 17 years experience
 
 
 
Chat Now With A Solicitor
Stuart J
Stuart J
Solicitor
3166 Satisfied Customers
PGD Law. 20 years legal profession, 6 as partner in High Street practice