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Several months ago I applied for and received a refund for bank charges.
About a week later I received another letter from the bank stating "Although we dispute your claim for refund of charges we would like to offer you a goodwill payment. If you accept this you must understand your claim will be void."
So I took the payment.
Two days ago the bank called me and stated "We made a mistake in paying you twice, we accept it is our mistake and we would like our money back"
Am I legally bound to repay or can I say tough luck I've spent it?
Two days ago the bank called me and stated "We made a mistake in paying you twice, we accept it is our mistake and we would like our money back"
Am I legally bound to repay or can I say tough luck I've spent it?
i'm sure they will be able to recover their money if they have made a mistake in paying it to you. I'm sure someone with a clearer understanding in this area will be along soon.
It would actually be illegal for you to keep the money, as you have knowlingly acquired funds that you knew that you were not entitled to... If you kept the money the bank could actually have you charged with theft, so I would recommend that you repatriate the funds with their rightful owner!
You could easily argue the second payment was part of their settlement with you and you could not have easily foreseen that the payment to you was anything other than a goodwill gesture. As such, should they now wish to claw back their 'goodwill' gesture, you similarly will not feel obliged to agree that you cannot pursue them for the unfair charges - therefore, they can either let you keep it (and not have a formal court claim) or they insist on the return, and you reserve the right to chase them as before.
It would actually be illegal for you to keep the money, as you have knowlingly acquired funds that you knew that you were not entitled to... If you kept the money the bank could actually have you charged with theft, so I would recommend that you repatriate the funds with their rightful owner!
Sorry the news wasn't more positive.
No, you are under the asumption that I knew what i was doing was wrong. This is not so and therefore I cannot be found guilty of theft.
You knew the money wasn't due to you, and the bank have advised you that they have credited to you in error. If you keep the money, you are therefore knowingly doing so and thus, committing theft.
There are a few other, older threads on this within this site, and the compactlaw website, but they all indicate that if you fail to repay the money you could be charged with theft.
You knew the money wasn't due to you, and the bank have advised you that they have credited to you in error. If you keep the money, you are therefore knowingly doing so and thus, committing theft.
There are a few other, older threads on this within this site, and the compactlaw website, but they all indicate that if you fail to repay the money you could be charged with theft.
I may be charged with theft, but I won't be found guilty because I didn't know I wasn't allowed the payment as it was a goodwill payment. To be found guilty of theft you have to admit that you knew what you were doing was illegal
a jacuzzi with Bananarama. I have not lived in Bolton since 1986
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6,823
Re: Goodwill payment
So they are saying they really only intended to express half the goodwill that they actually did.
Goodwill is goodwill. How can you have half of goodwill?
Doesnt make sense. Carry on with your claim, accept what you have recieved as part payment, deduct this amount from what you believe they owe and and carry on with your claim.
This is different to where a bank has accidentally deposited money into your account which belonged to somebody else - for example an input error meaning somebody elses deposit was credited to your account. In that example, the bank could quite rightly take back the money.
I think what has happened in your case is completely different and goes far beyond putting the money into your account "by mistake" - they have specifically offered you a goodwill gesture, which you have accepted. As far as I am concerned, it is a goodwill gesture, in the interest of customer relations, which they have no right to reclaim.
My own personal view, and this is really just me thinking out loud here is that the goodwill gesture they have given you is no different from if the bank manager had given you a bottle of scotch at Christmas - it is yours to do with as you please.
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
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a jacuzzi with Bananarama. I have not lived in Bolton since 1986
Posts
6,823
Re: Goodwill payment
Absolutely.
The bank credited this person with money as a goodwill gesture. Whether the money was credited in one or two or twenty seven instalments is neither here nor there.
It was as a goodwill gesture-the bank didnt recognise the claim and went out its way to make it clear that the payment was not in settlement of anything.
The other point of view is that ignorance of the law is not a defence
DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right
Goodwill payment
. If you accept this you must understand your claim will be void."
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Originally Posted by flyhawkeye
Re: Goodwill payment
