Request for Refund Advance Payments - Template Form

________, ________

FROM:

________

________

Contact No.: ________

Email: ________

TO:

________

________

RE: DEMAND FOR REFUND OF ADVANCE PAYMENT (SOLUTIO INDEBITI)

Dear ________,

I. INTRODUCTION

I respectfully write in connection with the obligation arising from the agreement we entered into on ________ (the “Agreement”), under which I undertook to settle my obligation to you in installments. This letter constitutes a formal demand for the refund of an advance payment that was made by mistake, pursuant to the provisions of the Civil Code of the Philippines hereinafter cited.

II. STATEMENT OF FACTS

1. Pursuant to the Agreement dated ________, the parties agreed that payment of my obligation would be made by way of installments on the respective due dates therein stated.

2. On ________, I remitted to you the total amount of ₱________ (________ Pesos) by mistake, the said amount having been paid inadvertently and in advance.

3. The said amount was not yet due and demandable at the time of payment, the same being due only on ________ under the terms of the Agreement.

III. LEGAL BASIS

4. Under Article 2154 of the Civil Code of the Philippines, if something is received when there is no right to demand it, and it was unduly delivered through mistake, the obligation to return it arises. The amount above was delivered through the mistake of paying before it became due and demandable.

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6. Accordingly, you are obliged to return the amount unduly received as the same constitutes a quasi-contract under Articles 2142 to 2154 of the Civil Code, the obligation to refund arising by operation of law.

IV. DEMAND

7. In view of the foregoing, I hereby formally demand the refund of the amount of ₱________ within ________ days from your receipt of this letter.

8. Kindly process the refund through the following account:

Account Number: ________

Account Name: ________

Bank / E-wallet: ________

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V. SUPPORTING DOCUMENT

10. Attached to this letter, and made an integral part hereof, is the following document evidencing that the advance payment was made: ________.

Should you require any further information or documentation to facilitate the processing of this refund, please do not hesitate to contact me. I trust that this matter will be given your prompt and favorable attention.

Respectfully yours,

________

Contact No.: ________ / Email: ________

Received a copy of the foregoing demand letter this _____ day of ________:

______________________________
________
(Signature over Printed Name / Date)