1. Introduction
Mistakes happen, especially with online banking or invoice payments. If you’ve paid a builder twice by mistake UK, you’re legally entitled to recover the extra payment. But what if the builder refuses to cooperate? Understanding your rights under UK law helps you act quickly and recover your money.
2. Overpayment and UK Law
Under UK law, if you make a duplicate payment:
- The builder has been unjustly enriched.
- You have the legal right to request the return of the overpaid funds.
- Refusal to repay may be considered unjust enrichment or even theft if done dishonestly.
3. Common Situations Leading to Double Payment
- Paying both the deposit and final invoice mistakenly.
- Paying via bank transfer and then again via card.
- Duplicate standing order or direct debit.
- Poor invoice tracking or unclear paperwork.
4. First Steps to Take
- Check your records – invoices, bank statements, receipts.
- Contact the builder immediately in writing.
- Politely explain the error and request a refund.
- Provide proof (bank statements or receipts).
5. If the Builder Refuses to Repay
If the builder ignores or refuses your request:
- Send a formal letter before action demanding repayment within 14 days.
- Keep all written evidence (emails, texts, bank proof).
- Mention that you will escalate to legal action if not resolved.
6. Escalation Options
If informal steps fail, you can escalate:
- Bank chargeback – if paid by debit/credit card.
- Section 75 claim – for credit card payments over £100.
- Small Claims Court – for amounts up to £10,000.
- County Court claim – for larger sums.
7. Small Claims Court Process
- File a claim online through Money Claim Online (MCOL).
- Provide evidence of the double payment.
- The builder will be ordered to respond.
- If they don’t repay, the court can issue enforcement action (bailiffs, charging orders).
8. Criminal Aspect – When It Becomes Theft
If the builder knowingly keeps the duplicate payment and refuses to return it, this may constitute theft under the Theft Act 1968. In serious cases, you can report it to the police, although most disputes are handled civilly first.
9. Preventing Future Double Payments
- Always cross-check invoices before paying.
- Use a clear payment reference system.
- Confirm with the builder when making large payments.
- Keep all records in one place for easy verification.
Frequently Asked Questions
1. Am I legally entitled to a refund if I paid a builder twice?
Yes, duplicate payments must be returned under the principle of unjust enrichment.
2. What if the builder spent the money?
It doesn’t matter – they are still legally obliged to return it.
3. Can I reclaim a double payment through my bank?
Yes, chargeback or Section 75 claims may apply depending on the payment method.
4. How long do I have to claim back an overpayment?
You generally have up to 6 years under the Limitation Act 1980.
5. Do I need a solicitor for small claims?
No, but legal advice can strengthen your case.
6. What if the builder refuses even after a court order?
You can request enforcement – bailiffs, wage deductions, or asset seizure.
Conclusion
If you’ve paid a builder twice by mistake UK, you have a clear right to get your money back. Start with a polite request, escalate to a formal demand, and if necessary, pursue legal action through the Small Claims Court. Keeping written evidence is crucial, and your legal protections ensure that duplicate payments cannot be kept unfairly.