court summons?

Question

a few months ago a company paid £900 into my bank account,i went into the bank to ask if it was a mistake and they double checked the paying in slip and it was definatly meant for my account.so i spent the money (wouldnt you lol)however today i recieved a court summons at my mums address (where i used to live) saying i have to appear in court etc.in the staement of facts it says that they have spoke to me and i have denied having the money and refused to pay it back,i have never spoke to anyone about this and not recieved any other correspondance from them whatsoever regarding this.can they just take me to court like that,even though the facts are wrong?

what if i just ignore the court summons,after all it didnt go to my address and the facts in it are untrue anyway which i can prove.

Answer 1

Talk to a solicitor. You'll need one anyway.

Answer 2

There is a group with the acronym SAFE - operating out of the House of Commons - an all Party Parliamentary group - which has received a number of cases showing what scam artists so many banks are - including equity mortgages to the elderly which have ripped them off. For some reason this gets little or no publicity. Talking to lay members of SAFE you will find that their case histories involve fictional banking correspondence which had been sent to them and was never received, fictional accounts of what happened and fictional case histories which the banks present in court as actual accounts - many claim these are fraudulently presented and no such correspondence was received. You are up against the system. Nat West Bank refused to tell me what was in joint accounts I held with the husband I was divorcing. In order to try to blacken my name 900 was put into an Abbey National Account I went and asked was told that it was my money - still didn't spend it and then got an accusing letter trying to tell me I had fraudulently taken the money and they were taking it back. When in fact I had made every effort to return the money and had not been able to do so. The fact that I had not spent the money did help, but unfortunately unless you have something in writing from the bank saying the money is yours it will be an uphill battle. Did you write to the bank - have you got copies of letters you wrote with proof of posting from the Post Office? If not they will not only try to get the money back from you through the courts but will also try to get their court costs too. The fact that it was their mistake and you made every reasonable effort to ascertain whether the money was yours and gave up after those efforts should help in mitigation and hopefully you can fight the court costs at least. Go to a decent law centre - there are some volunteer law centres around the country - taking all the copies of everying you have regarding this account and get some free legal advice. Problem is the little person up against the bank tends to get trodden under foot.

Answer 3

Remember that they have to prove their case, not you. It's a County Court summons. They are chasing a debt not trying to prosecute you.

You need to reply to the summons quickly or it will go by default. Give your version of the events with as much information as you can give.

You haven't said who is suing you. (Do this as well as reply to the summons)

If it's the bank, write to them (don't delay) at the address shown on the summons and tell them that you are being treated unfairly and you want them to withdraw the summons and deal with matters through their complaints procedure.

If it's the company that paid the money into your bank, write to them at the address on the summons and tell them that this is the first occasion you have heard from them. If they will withdraw the summons and let you know the circumstances in which the money was paid into your bank account, you will be prepared to discuss it further.

There's a pretty good chance that they only issued the summons hoping it would go by default. If you defend it and write, they will probably decide that it's not worth a fight just for £900.

Answer 4

once you're interior the united kingdom, the court docket can and probably will difficulty warrants for arrest in case you fail to respond to a summons. Then this is in elementary words a remember of time previously problem looms over the horizon. It in elementary words takes being stopped in an innocous police examine for them to examine and discover out, and also you'll be arrested prompt and wheeled in the front of the court docket. they gained't look kindly on the offence. A summons is an order from the court docket that you'll wait, you word.

Answer 5

The paying in slip will clearly show it is their error. Unless you were fastidious in checking your account, how would you know that the money in there wasnt yours?

It is up to THEM to prove they DID speak to you, with dates, numbers times etc (then you can prove you were elsewhere)
It is NOT up to you to prove they DID NOT call.

Go to court, explain it as you have here and let the judge decide.

Yes, I would definately have spent it!

If you have to pay it back (doubtfull) make sure you can only "afford" £5 a week!

Let us know what happens.

Answer 6

they can still arrest you but they have to make it stick and they cant because you have proved you were honest and have never had any connection from the supposedly owner of this money so i suggest you get a good barrister because your taking on a bank and claim damages from both parties because they can and will be able to take you to court My personal feeling is there is something malicious here

Answer 7

They can take you to court if you do not want to pay the money back, under the legal theory of unjust enrichment.

Answer 8

sounds like it could have been a scam. Talk to a solicitor and also the banking ombudsman as you were advised by the bank that it was yours to spend

Answer 9

Yes, they can take you to court. However, they need eveidence to prove their case, as will you. Just because they take you to court, doesnt mean they'll will. Gather up all the evidence you can and good luck.

Answer 10

Get an Attorney asap. Do you remember the persons name who told you it was for your account? You may need it.