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legal dilemma help!

legal dilemma help!

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Old Oct 28th 2007, 11:55 am
  #1  
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Default legal dilemma help!

Everyone knows how the english banks have taken liberties with charges etc by now back in the UK.

To cut a long story short. A bank beginning with H and ending in X made an error on my account for 13 months back in 2004-2005. At the time I had just sold up in London and had a large bank balance while house hunting here. Post was being re-directed to various rentals I moved round and was intermittent. Nevertheless, I was also dealing with a Court case in London, representing myself, studying for a Degree, doing 2000 word monthly essays and regular exams, homeless with 4 children and hadnt assumed when any bank statements did arrive, that figures were incorrectly input as I mainly used 24 hour phone banking to transfer funds, just checking my balance etc and scrutinising statements wasnt my priority.

It transpired that when costs for the Court case were dealt with and an accountant checked my statements for my means regards my contribution to costs. That things didnt add up? So I could only assume (not in any way mathematical myself) that an error had been made. I called th HX to confirm this and after another 4 months they did. By saying that 'oops' were sorry, weve overpaid you by nearly 7 thousand pounds in interest on your acc balance, accidently transferring money from a Doctors account to yours, although part of the monthly payments you recieved in interest are yours....

I disputed the fact that I had never assumed amounts paid into my acc from the lump sum in my savings could have been wrong. Had made that realisation only by an accountant checking my bank and was now faced with a large un asked for amount to pay back. Had I not informed them (as they were initiially unaware) they would have been none the wiser.So suggested they wrote it off. They wouldnt and it was left that we wrote letters back and fourth in disagreement with each other, up untill earlier this year.

I ve just now recieved a french advocats letter regarding this matter as they have seemingly notified a french bailiff or equivalent to demand this money back, which I simply do not have as all my funds have been utilised here and I cannot get a job.

I dont understand what it says and do not know what to do with it, neither can afford to become involved in a french law suit dealing with an english matter.

Any thoughts, advise, help appreciated. Do I need to respond to this and or by doing so do I then enter into costs and will that then give them authority to come banging on my door...

Legal advise would help if anyone out there knows the law....
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Old Oct 29th 2007, 8:50 am
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Default Re: legal dilemma help!

Hope you get some advice,just popped in cause your post looked lonely.
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Old Oct 29th 2007, 11:49 am
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Default Re: legal dilemma help!

I'm sorry i can't offer you legal advice. I would however advise that you do not ignore it.

I have had a situation in the past where I owed money to a local council for council tax on a vacant property that I had previously let. I received no correspondence until the bailifs claimed their money. As the debt was passed over to the bailifs I had to pay all their costs as well. The longer you ignore these things, the higher the costs go.

Firstly you need to find out what that letter says then you have to decide what to do about it. It is a UK matter, from what i can gather, so you can get advice from the UK.

My non expert opinion is that it is their money paid to you in error. They are entitled to have it back. On the other hand they should be reasonable towards you as the whole fiasco was borne out of their cock-up. They may settle for a lessor amount or show some lenience if you are without means.

If they have passed the debt onto bailifs then their costs will add up and these people do not listen to reason at all. You're better off dealing with the bank. Bailifs will charge for sending you letters as well as the costs associated with knocking on your door.
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Old Oct 29th 2007, 7:34 pm
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Default Re: legal dilemma help!

Yes of course which is why I am not happy replying to the advocat as I may find myself embroiled in costs and worse legal jargan. Its a difficult dilemma un invited and terribly unfair. I wish I knew where I stood legally in both jurisdictions and the CAB is impossible to get throught to and best to walk in on, however I am still here till a week or so and anything can happen in that time..thanks anyway.....
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Old Oct 30th 2007, 7:20 pm
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Default Re: legal dilemma help!

Frenchie0005, it all sounds absolutely diabolical and although I can't offer any advice, you have my sincere good wishes. Well done you for taking a degree whilst having to look after young children by the way ..... did the same myself recently and yes I do remember those 2,000 word essays. best wishes,
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