Can someone can lodge money to your account when you told them not to ?

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locteau

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Hi Guys,

I need some help with a small problem but really annoying one.

I left my previous job of consultancy with one of my client due pressure in the job. I left and asked them to stop the direct debit coming to my account.

They said the committee did not want to. I asked many times and they finally after 6 weeks of asking them stopped lodging money in my account.

When I left I made a balance sheet saying they owed me €150 but I was not going to ask for it.

6 month later they came back to me asking for €500 for over payment made to my account. I double checked and disagree and asked them to check their figures. They came back asking for €350.

I still disagree and they are now treated me to go to court. I asked them to meet, or even have a mediator and refused.

I obviously since spend the money, but do feel I do not owe money to them. They since are harassing me and it really does affect me. I even offered to split the balance and I will provide some services to compensate, as I feel I don't owe them money.

Any advices will be greatly appreciated.
 
Do you have documentary evidence of having asked them to stop paying you? And of their response?

Do you believe that you owe them nothing at all? Presumably not since you have offered them some recompense in cash and kind?

Just curious - why did you spend the money when you seem to have been aware that it was not due as payment to you even if they still paid it?

How exactly are they "harassing" you?
 
Hi Clubman,

- I have email evidence of asking to stop the direct debit. (3 emails with replies)
- I believe I do not owe them money, but yes when they came back to me I did have a doubt. I checked and can't see how they find I owe them something. They don't want to meet to explain it to me either.
- I offered a solution to try to solve the issue in good manners.
- I spent the money, simply because money was in my account and been use as normal bank account. I did not expect them to come back six month later asking for money I thought was not due.
 
How much do they now claim that you owe them? €500? €350? Some other amount?

How much, if anything, do you believe that you owe them?

In a business context the figures mentioned seem pretty small so it seems odd for both parties to seemingly be at loggerheads over them.
 
Hi locteau

You asked them to stop a standing order so presumably you felt that they didn't owe you any money.

In this case, then you owe them the money that you asked them not to pay you.

It seems really clear to me. And it will seem really clear to a judge.

The judge might make some allowance for the fact that you asked them not to pay you this money. But there was absolutely nothing to stop you, transferring the money back to them on receipt. If they can give you money which you dont' want, you can do the same.
 
- I thought they owe me €150 and said I did NOT want it
- They came back 6 months later saying I owe them €500
- I said I disagree
- they came back saying I owe the €350
 
How much did they lodge to your account after you asked them not to pay the 150?
 
I thought they owe me €150 and said I did NOT want it
Click to expand...
Was this what you thought they owed you at a) when you actually stopped working for them b) when they actually stopped paying you by DD ? When you sent them a balance sheet of €150 did that include all the payments up to when the DD was stopped ? If so, then you would appear to owe them nothing. If however you got paid by DD after that final bill then you surely owe them whatever the differance is between the total received after that date and the outstanding €150.
 
- they did not lodge money to my account after I left
- I stopped working at the end of february and asked them to stop the DD in early january (payment was based on 10month work divided by 12month)
- I sent the balance sheet in March (no payment was made after the balance sheet)
 
OK. So you sent the balance sheet into them in March and now they're disputing the amount you were actually paid six months later. For some reason though, you feel they may have a point as you stated earlier that you were willing to negotiate. Was the cost not decided by contract at the start of your consultancy ? If so, then I think you should not owe anything if your dates and times match up.
 
Simply, because I left under lots of pressure from the Chair of this committee and just did not want to hear from them. She has been calling me at 11pm at night sending personal emails etc.....

I just wanted to live them alone.... once they started to refuse to cancel the lodgement and calling for one to one meetings and so on, I decided to run away from her, and did not want to have anything to do with that person in particular.
 
locteau said:
- I thought they owe me €150 and said I did NOT want it
- They came back 6 months later saying I owe them €500
- I said I disagree
- they came back saying I owe the €350
Click to expand...

If they owe you €150, then you can counterclaim for it.

The judge will decide whether
a) they owe you €150
b) you owe them €350

You seemed to ask them to stop paying you, and they continued paying you, so it does seem as if you owe them something.

It's unlikely that they will take you to court. They may issue you with a solicitor's letter, but they would be foolish to take you to court.

Brendan
 
I am just annoyed with this, because I send them the balance sheet, then did not hear from them for months and was just happy to not hear from them. then they started to email and calling me again.

I told them I would meet with a mediator or a neutral person, as I felt I was harassed. On a personal note I have done so much for them on a personal side and they earned so much money form what I brought to them. It is just a shame and nearly embarrassing.

But is there not any law even stopping people to lodge money you said you do not want them to do so ?
 
I find this very confusing...

The following seems to imply that they continued paying you after you left in spite of you asking them not to and I'm obviously not the only one to come up with this interpretation...
locteau said:
I left my previous job of consultancy with one of my client due pressure in the job. I left and asked them to stop the direct debit coming to my account.

They said the committee did not want to. I asked many times and they finally after 6 weeks of asking them stopped lodging money in my account.
Click to expand...
But you say:
locteau said:
- they did not lodge money to my account after I left
- I stopped working at the end of february and asked them to stop the DD in early january (payment was based on 10month work divided by 12month)
- I sent the balance sheet in March (no payment was made after the balance sheet)
Click to expand...
So this implies that they did not keep paying you after you left. You stopped work at the end of February and the last payment was made on or before that date. So there are no "excess" payments and, in fact, you claim that you were not paid in full but did not want to chase the shortfall?

On this specific point:
locteau said:
But is there not any law even stopping people to lodge money you said you do not want them to do so ?
Click to expand...
as far as I know the answer is "no".
 
Hi Clubman,

apology if I am confusing. The reason (I tried to explained above) was I physically stopped working but the wages was 10months contract divided by 12month to avoid having 2 month with no money.

So I stopped and they owe me money that way but I asked them to no lodge any money until balance sheet was done. then they refused. so there was a a few weeks where i was no working but they owed me the money still. I did not want them to over pay, which I suppose they think but did not from my figures.

Apology for the confusion, I am trying to be honest and does not mean to confuse anyone, especially I am looking for advises....

thanks for feedback "B1e2r3n4a5rd "
 
Did your balance sheet take the two payments received (I presume of €250 each) after early January request to cease payments?

If it did and you still calculate they owe you €150 your point should be easy enough to prove showing bank statements.

If it didn't and you believe that you are in the right because you asked for payments to cease at that date but they didn't they are probably calculating their figure on €500 paid while €150 only due to be paid, therefore overpayment of €350 which they are requesting to be returned.
 
Yes I calculated correctly and took everything in consideration, but they disagreed. they then refused to meet me to compare my and their figures, which is my main issue.

The problem i snot much about the money itself but on :
- is people can lodge money against your will and then claim it back ?
- is there not a delay to claim it back ?
- can they refuse any discussion, mediation or solution offered instead of bothered me every week ?
 
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