How to Claim Refund of Overpayments
Guide to recovering money paid by mistake, duplicate payments, or overpayments where refunds have been refused.
Step-by-Step Guide
Document the overpayment
10 minsGather bank statements showing both payments, or evidence of the correct amount versus what you paid.
Tip: Highlight the duplicate or excess payments clearly on statements.
Request refund promptly
10 minsContact the recipient in writing, explain the error, and request a refund with specific reference numbers.
Escalate if refused
15 minsIf they refuse or ignore you, send a formal letter before claim. For bank errors, use the bank complaint process first.
File your claim
15 minsFile via Money Claim Online for the overpaid amount. Claim is based on unjust enrichment.
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Recovering Overpayments
If you pay someone more than you owe, or pay by mistake, they must return the excess. Keeping money they know is not theirs is called "unjust enrichment".
Common scenarios: - Overpaid or paid twice - refund denied - Bank error not corrected - Wrong account payment disputes - Accidental subscription charges
Legal principle: Anyone who receives money they are not entitled to must return it. This applies regardless of why the overpayment happened.
Evidence You Need
Essential evidence: - Bank statements showing the payment(s) - Payment confirmations or references - Evidence of correct amount (invoice, contract) - Correspondence requesting refund
Helpful evidence: - Transaction references for tracking - Account details showing where money went - Any acknowledgment from recipient - Your bank's investigation results
Tips: - Report errors to your bank immediately - Get transaction references for all payments - Keep all communications about the refund request
What You Can Claim
Typical claim value: £10 - £10,000
You can claim: - The overpaid or duplicate amount - Interest from date you requested refund - Bank charges caused by the error (if applicable)
Bank recovery: If money went to the wrong account, your bank may be able to recover it directly through the "misdirected payments" process. This is faster than court.
Types of Overpayment
Duplicate payments: You paid the same invoice twice. Evidence: two transactions for identical amounts around the same date.
Wrong amount: You paid more than the invoice/contract amount. Evidence: compare invoice to payment.
Wrong recipient: Money went to wrong account. Your bank can help trace and recover this. You may need to claim against the person who received it.
Refund not processed: You returned goods but refund never came. Evidence: return proof plus bank statement showing no refund.
Frequently Asked Questions
They still owe you. Having spent money you were not entitled to is not a defence. However, enforcement may be harder if they have no funds. The debt remains until paid.
Legal Disclaimer
This guide provides general information about UK small claims court procedures and is for educational purposes only. It does not constitute legal advice. CourtPilot is not a law firm and is not regulated by the Solicitors Regulation Authority. The law may have changed since this guide was last updated. For advice specific to your situation, please consult a qualified solicitor or seek help from Citizens Advice.
Related Guides
Industry-Specific Guidance
We have detailed guides tailored for specific industries facing these types of disputes.
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