Owed money, paid the money

hairyslug

There are some outstanding bills in my dads name, I'm looking after his finances due to his I'll health.

The bill has been passed onto a solicitors and they originally threatened legal action if this bill wasn't paid to them by the 20th.

I paid on the day, it had only come to light on that date.
The problem is that while I paid on the day, it was not processed (can see it on my statement) until the 24th
Another letter has now arrived saying we owe the previous amount plus an additional penalty in order to prevent a court date.
As the payment was made on the day does this still mean that I am eligible for the penalty payment (I'm sure the request for the original amount is an oversight)

StevieNicksFan

hairyslug wrote: »

There are some outstanding bills in my dads name, I'm looking after his finances due to his I'll health.

The bill has been passed onto a solicitors and they originally threatened legal action if this bill wasn't paid to them by the 20th.

I paid on the day, it had only come to light on that date.
The problem is that while I paid on the day, it was not processed (can see it on my statement) until the 24th
Another letter has now arrived saying we owe the previous amount plus an additional penalty in order to prevent a court date.
As the payment was made on the day does this still mean that I am eligible for the penalty payment (I'm sure the request for the original amount is an oversight)

Can you produce a receipt or statement which shows the amount, date it was lodged and reference number/name and present that to whoever the money is owed to? If you can show that I would imagine thats proof enough that the money was paid by the date?

my3cents

Where does the penalty payment magically appear from. Unless its revenue I don't seen how a penalty can apply?

hairyslug

Apologies, I can't multi quote

Yeah I can print off a statement that shows when the payment was made and when it was processed.

I can't find the original letter but there was a mention of a penalty if payment wasn't made on time.

I suppose my biggest question would be do they have a right to request an additional payment and threaten legal action even though I made payment on time, the length of time it took the bank to process the payment was out of my control

Elliottsmum79

hairyslug wrote: »

There are some outstanding bills in my dads name, I'm looking after his finances due to his I'll health.

The bill has been passed onto a solicitors and they originally threatened legal action if this bill wasn't paid to them by the 20th.

I paid on the day, it had only come to light on that date.
The problem is that while I paid on the day, it was not processed (can see it on my statement) until the 24th
Another letter has now arrived saying we owe the previous amount plus an additional penalty in order to prevent a court date.
As the payment was made on the day does this still mean that I am eligible for the penalty payment (I'm sure the request for the original amount is an oversight)

Unless the bill was enormous, they should be glad to have received payment in full. The cost of a court action would far outweigh the penalty, I'm assuming. Best write to them, confirming payment on the date requested, ans saying it is in full and final settlement. I wouldn't worry about the alleged penalty ( unless it is a bank or financial institution or credit card situation) as opposed to a private company.

But do get in touch with them and confirm payment and try to come to a reasonable agreement ( ie. you've been paid, politely eff off). If not, or if its a large penalty/worrying, get a solicitor involved. A chat and a letter from one costs as little as €150 and can help enormously in a situation like this. Best of luck. Cant see a judge wanting to peanalise someone who has paid in full on time.

StevieNicksFan

Also I should mention that I have had experience with letters like this, but it was a sort of automated letter thats sent out before payment is registered on the system. It could be a case that the payees system hadnt been updated with your payment at the point the letter was sent out. Give them a ring (its nearly better to speak to an actual human) rather than email and explain that the money has been paid by the date and no penalty should apply. If they dispute this (which I imagine they wouldnt - too much hassle) then produce your statement.

Bicycle

I've been in that position with an elderly relative.

The relative had dementia and as I didn't live with them, I didn't always get to the post. Sometimes bills would disappear and you'd find the reminder but no bill.

The best thing to do is to make contact with the organisation concerned and explain that due to ill health your father was unable to look after his financial affairs. Explain, however, that you are now looking after the situation and would appreciate it if they could work with you and suspend any action until you are made aware of the full extent of the situation.

I would also suggest you look at seeking an Enduring Power of Attorney, if your father's incapacity is likely to continue. Its complex but it gives you authority to pay his bills and look after his affairs. If your family solicitor can't help, a family law solicitor is a good idea.

With the Power of Attorney, bills can be sent to you instead of your Dad.

I always found that companies were extremely understanding and sympathetic once I explained the situation with my relative and they realised I wanted to work with them.

Good luck.