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Answered in 6 minutes by:
6/12/2012
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,728
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedGood Evening,
They are entitled to claim the money back but they cannot force you to repay more than you can afford.
If you agree to an amount that is to be repaid back then you must get this in writing. You can also negotiate a repayment plan.
Do not accept anything verbally as there is no evidence of what has been agreed.
The 1st point to be agreed on is the amount that they want back. Once you have agreed on this in writing of then you can start discussing a repayment plan.
If the whole $40,000.00 was paid to you incorrectly they have a right to claim a lot. You cannot profit from their mistake.
I hope this is of assistance and if so please click on the accept button.
Good Evening,
As I have explained they cannot demand that you pay more than you can afford.
What I would suggest is that you write back to them and advise that use your financial position you are able to pay back a lump sum of $10,000.00 and $200 per week thereafter.
Prepare the letter as an offer of settlement headed "Without Prejudice". This means they cannot use it against you in court.
Also advise that if they take the matter to court you will be lodging an application to pay by instalments on the same terms.
The only issue I have is the home you are building. If there is enough equity in their home and they decide to sue they may be able to get possession and sell the property to get their money.
You need to put everything in writing and not deal with them over the telephone. I would also suggest that with your next letter you provide them with the 1st instalment and advise they will be getting instalments every week thereafter.
The only option I have if they refuse is to take the matter to court but you will continue to make the payments and keep copies and evidence of your payments.
I hope this is of assistance and if so please click on the accept button.
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,728
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedLeon and 87 other Australia Law Specialists are ready to help you
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