[richywilts]

the person who ran the business whilst i was away as a limited company in his name etc with different bank account has recieved over a £1000 of payments from my customers by mistake instead of paying into my account

he hasnt returned the money this is ongoing and he uncooperative

what position am i in here can i go th legal route and make a claim in the court for a summons or is this matter between him and my customers

[dave0123]

Dont think you have a leg to stand on if he was a director

[Dave Willis]

See this guy

http://www.legalcheek.com/2014/08/exclusive-interview-judge-rinder-on-life-as-britains-newest-reality-tv-star/

[Joey Eastwood]

its obviously someone you know if you gave them the reigns, cant you go round and talk to them??

[Mick Kent]

Id lay him out and keep doing it untill he pays otherwise It has cost you a grand to find out that he is a piece of scum that you can never trust again.

[Smudger]

Richy, this matter is not for a window cleaning forum, no one can give you the correct answer as we don't have the facts or legal qualifications.

Just go and see a solicitor


Darran

[Paul H]

Richy

Without knowing the full facts it's difficult

However if he's received them ..knows they aren't meant for him , and fails to repay them ...there is a criminal offence called " retaining a wrongful credit" or something similar .. That said I'd consider the police or I form him of that ..it may do the trick

[richywilts]

The facts are since I've taken over as a separate limited company with new bank account details which I've have to customers and have highlighted on every invoice some have just mistaking my paid into HIS old account by mistake which he is aware of, I have looked into it and it's part of theft act not returning money not due to him.

What I'm unsure of tho is this a case between me and him or him and the customers

It's quite clear what's gone on if it got to court etc and have lots of customers who can provide evidence

[Window Lickers]

In reality it sounds like your customers have paid him by mistake. Their mistake?

Realistically I'd say they have a beef with him and you have a beef with them. In reality, it's going to pan out as between you and him and you're going to be out of pocket.

Live and learn, make sure they don't do it again. Insist they know the correct account details and don't accept it from them again or then it's their fault.

Kiss the money goodbye, realistically it's gone.

[Window Lickers]

They may be able to testify they've paid the scally but they're not going to want to lose half a day's pay to testify over 20 missing quid. They'll br non customers if you ask them to.

[Bart Olin]

work harder to make it up.  or up your prices by a quid that pay it easy

[richywilts]

It's more principle than actually needing. The money, we have him a grand to say thanks when he was demanding 2 grand off is to give it back when he told me there was 800 customers etc I got it back worked thru it all and only had 490 so we gave him s grand not 2 this was never part of any deal he just thru it on us

[Bart Olin]

you might be able to get it back using greed .     set a cunning trap to lure him in .

  yrs ago a man owed me a 100 .  i knew he liked 4 x 4 so  i got  a friend who had one to  let me borrow it .  i rang the guy up and said , hey iv this 4 x 4 ,dirt cheap.wanna look ?
   he was over like a shot, loved it!
     i then said, mmm by the way,that 100 you owe me -   he gives me it straight away .    then i tell him the 4 x 4 is nothin to do wi me

[tonycarr]

could go to citizens advice, see what the options are?

tony

[dannymack]

All I can say for advice Richy Boy is

JUDGE RINDER !!!!!lol!!!!!!

[davids3511]

Surely your old chums from which ever hmp you were in would have some interesting debt collection techniques?

[Window Lickers]

Better Call Saul.

[richywilts]

Surely your old chums from which ever hmp you were in would have some interesting debt collection techniques?

id quite happily do it myself but on licence for another 15 months so id be straight back inside

[Arnold Palmer]

Surely your old chums from which ever hmp you were in would have some interesting debt collection techniques?

id quite happily do it myself but on licence for another 15 months so id be straight back inside

Sounds to me like he's got you by the balls.

[CleanClear]

the person who ran the business whilst i was away as a limited company in his name etc with different bank account has recieved over a £1000 of payments from my customers by mistake instead of paying into my account

he hasnt returned the money this is ongoing and he uncooperative

what position am i in here can i go th legal route and make a claim in the court for a summons or is this matter between him and my customers

This is really quite easy and straightforeward. The customers you have cleaned have paid him instead of you. For whatever reason they have failed to note your new bank account details.
 You write to him, recorded delivery and make a copy. You point out to him in writing what has happened and ask him to foreward you the money that has been mistakenly paid to him. If he ignores the letter, or you do not get a response. Then send him another one, about 14 days later, again recorded delivery and ask him to return the money that has mistakenly been paid into his account. Give hi 14 days to respond, failing which you will take legal action to recover the money. You should also , in preperation for any possible Court action and of course to detail exactly to him what you want, list the payments you believe have been paid to him. If he doesn't pay up and offers no expkanation of why he is not paying then fire off a Small Claims Summons, detailing what you want and why.
MCOL, MOney Claims Online.  https://www.gov.uk/make-money-claim-online

https://www.justice.gov.uk/courts/northampton-business-centre/money-claim-online/frequently-asked-questions