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Accidentally Paid Double - Can I Get Money Back?

Discussion in 'Debt and Bankruptcy Law Forum' started by Ej1204, 23 April 2014.

  1. Ej1204

    Ej1204 Active Member

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    Hi,
    I had the tree trimmed by this guy the other day. He's done job and I paid him through internet transfer. Couple days later, my husband accidentally paid him the same amount again!
    He called the guy straightaway, been apologetic. The guy checked his account and agreed he would pay us back with check.
    But then for a million times we called him, he never answer and never call us back.
    I'm afraid that he would just ignore us till we give up.
    Is there anything I can seek legally?
    He is the owner and that's the only number ( which is his mobile) we know of.

    Thanks
     
  2. John R

    John R Well-Known Member

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    Hi Ej1204,
    1. When did you last have contact with the tree lopper? He may have been or be away/uncontactable because of the Easter/ANZAC break?
    2. Do you have the tree lopper's Australian Business Number (ABN) or other contact information other than his phone number (e.g. email address)?
    From personal experience, it can take weeks for banks to reverse accidental transfers to third-parties (even at the same bank).
    You may consider taking notes of your communications so far and keep trying to regularly contact the tree lopper over the next week via call and SMS.
    If you are still unable to contact the tree lopper after this time, you may consider sending a Letter of Demand for the duplicate funds paid. The Arts Law website has a good information sheet on debt recovery and Letter of Demand. All the best.
     
  3. winston wolf

    winston wolf Well-Known Member

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    Wow bad luck.
    I guess you could ask the bank to revers the transaction but I don't like your chances.
    Do they trade under a business name?
    How much was this?
     
  4. Ej1204

    Ej1204 Active Member

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    Hi guys thanks so much for reply.

    John that's what I'm hoping he maybe on holiday overseas... Though when we first contacted him it was before Easter and he didn't mention anything about it.
    I contacted him again yesterday so we'll wait till next Monday.
    We know his ABN and company address so if still cannot reach him I'll camp out at his company till he shows up :D
    Thanks for the letter sample. I'm not sure if I can use this as I didn't supply any goods or work for him? But this would be good to shake him up a bit if he's not intended to give us money back.

    Winston I'll contact my bank if I can't reach him in a week or so it looks like bank cannot reverse money if the recipient refuses to give money back so it's up to him... Sigh... But it's too much money for us to just give up and we have baby coming so no spare money hopefully he will be decent.

    Thanks guys again ! Wish me luck...
     
  5. John R

    John R Well-Known Member

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    Hi Ej1204,
    Any luck with the tree lopper?
     
  6. Ej1204

    Ej1204 Active Member

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    Hi John,
    Sorry for the belated reply!
    I was able to contact the guy and got money back without hustle.
    It was very lucky and thank you for your help!!
     
    John R likes this.

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