Money wrongly paid into my bank account.

[coffee_drinker]

The wife has had quite a few deposits made into her account (10 in total) spread over nearly 18 months.

 

Initially she just assumed it would be taken back out...it wasn't so we just assumed it was the fault of the company sending the money by mistake and used it (bills cost of living ect).

 

The bank wrote too the wife stating that she has received monies that wasn't destined for her and has asked her too call them too propose how she will repay the money...nearly 15k.

 

Obviously there's no question we (i will as she doesn't work as twins under 2yrs old) will pay it back,however would have too be a monthly arrangement....would this be dealt with just by the bank or would it be a police matter...while she/we have been stupid too spend the money it wasn't done with malice just ignorance.

 

Should i speak directly too bank (wife"s from overseas so English is great) or speak too a solicitor and ask them too deal with it.

 

Advice on where we (she) stands legally would be most welcome:(

[angelsmile]

I think legally she will have to repay money...there is case law on it. We had money wrongly paid into our business accounts and didbt realize and spent it and then got a demand from natwest to repay 2.5k. They took us to court and got a ccj against the business.

 

If I was her i would write to the bank offerinf to repay at a monthly amount and make sure everything is in writing in case it goes to court.

 

Speaking with a legal expert might be a good idea or could try citizens advice.

 

good luck

[coffee_drinker]

I think legally she will have to repay money...there is case law on it. We had money wrongly paid into our business accounts and didbt realize and spent it and then got a demand from natwest to repay 2.5k. They took us to court and got a ccj against the business.

 

If I was her i would write to the bank offerinf to repay at a monthly amount and make sure everything is in writing in case it goes to court.

 

Speaking with a legal expert might be a good idea or could try citizens advice.

 

good luck

 

They have asked her too phone them (quite a polite letter actually)...would she be better off wrighting or intialy calling.

 

No question about re-paying...we know it must be and are happy too.

 

Do you know if its a civil or police matter.?

[Rooster-UK]

Keep all communications in writing and keep copies. That way, you have a permanent record of what each side has said.

If you speak to them on the phone, you could be pressurised into agreeing a higher repayment rate than you can afford.

Or they could claim that you agreed this and you agreed that.......

 

Everything in writing.

 

Regards, Rooster.

[coffee_drinker]

Thanks for the advice guys it truly is appreciated and i must say thank you for being non judgemental...the wife (we) have been unbelievably stupid and im kicking myself for not doing the right thing initially and feel thoroughly ashamed.

 

Does anyone know if this would be a civil matter or police matter....its just the wife is in pieces.

[Goldlady]

It is a civil matter - she has not deliberately stolen the money - you need to have the intention to steal to commit theft.

[coffee_drinker]

It is a civil matter - she has not deliberately stolen the money - you need to have the intention to steal to commit theft.

 

Thank you...i"ll phone her now (im stuck at work) and tell her.

 

She might be able too sleep a little tonight knowing that.

 

Once again Thank you for taking the time too help.

[maroondevo52]

Hi,

 

Found this...........

 

It is a legal requirement to pay the money back - the criminal offence is to "retain a wrongful credit".

 

The BBA says that its members would give individuals a 'reasonable amount of time' to return amounts accidentally deposited in the wrong account.

 

Theft Act 1968 S.24A Retaining a wrongful credit

 

Off the top of my head it is an offence to knowingly retain a wrongful credit and dishonestly fail to take steps to rectify the wrongful credit.

 

"It is 'wrongful' if it is the credit side of a money transfer obtained contrary to S15A (Theft Act 1968).

 

It is also 'wrongful' to the extent that it derives from:

 

a) theft;

b) an offence under S 15A (obtaining a money transfer by deception

c) blackmail;

d) stolen goods"

 

By the definition of the law, it looks as if the meaning of 'wrongful' does not easily indicate on this occassion an error or miscalculation but in this case the proceeds of a criminal act.

 

For those scurrying around to look up the S15A ....

 

"A person is guilty of an offence if by any means he dishonestly obtains a money transfer for himself or another."

 

Is it dishonest, as he didn't ask for the money nor did he decieve anyone into doing anything that would have gained him the swag.

 

 

 

Don't know if that helps much

 

Regards.

 

Scott.

[MARTIN3030]

Yes Scott bang on.

There have been a few similar instances on the site in the last couple of years as I recall.

The Banks are very reluctant to involve Police since its not something they want to shout about-it shows a very bad lapse of their duty of care and operations.The fact that it was happening oer a period of 18 months would also suggest that there has been a breakdown in their ability to spot this-adding more to their embarrassment.

In light of the bad press and public feelings at the moment-the last thing they would want is for these kinds of things to be made public-however it should not be any excuse to capitalise on it-merely something to be aware of if they do try to force conditional repayments which are not within your means.

[coffee_drinker]

Thanks guys...the help youve all given is amazing.

 

Will update thread as soon as ive spoken too the bank.

[coffee_drinker]

Thought id give an update...

 

Phoned the bank in question and spoke too the person dealing with the matter and was told that they would not be getting involved and it was down too me too deal directly with the company who had made the payments.

 

Person dealing with it was quite rude and blunt about ""she couldn't possibly have not noticed the credits"" at which point i said i was going too end the conversation.

 

Contacted the company in question and a very nice lady explained what had gone wrong...openly said that all parties involved were in the wrong (which i think is a fair comment).

 

Ive made a verbal offer too be paid monthly and am now waiting on there response.

 

They did ask for an address for correspondence...im thinking of giving them a c/o address and making them aware its a c/o address.

 

I will of course follow this up in writing so i have a hard copy of whats been agreed.

 

Any further advice on what too do or maybe more importantly NOT to do would be very welcome.

[MARTIN3030]

Although the bank have maybe told that they will not be getting involved,it would be impossible for them not to be involved should the third party seek legal redress or involve the Police-my thoughts are that they have told the third party to sort it out diplomatically with you.

Although its possible that they have given them some undertakings that you wont be aware of.

In the absence of a solution or satisfaction to the other party,I fail to see how the bank would not be forced to become directly involved.

[coffee_drinker]

Although the bank have maybe told that they will not be getting involved,it would be impossible for them not to be involved should the third party seek legal redress or involve the Police-my thoughts are that they have told the third party to sort it out diplomatically with you.

Although its possible that they have given them some undertakings that you wont be aware of.

In the absence of a solution or satisfaction to the other party,I fail to see how the bank would not be forced to become directly involved.

 

 

My feelings are maybe she was just very unhelpful and just a tad condescending.....

 

The company who had sent the money have phoned since last update and while the woman i initially spoke too said she felt the offer of monthly payments was reasonable she has too speak too the legal department and find out what the next step is..will be updated mid week so im told.

 

Im left wondering what they could be up too...already explained that the wife only receives standard benefits (very small amount of tax credits and the usual child benefit) so i hope they realise that taking us too court wouldn't help.

 

She also said that the very last payment received the bank would be reclaiming that....seems odd.

 

Now have too sit and worry until the get back in contact.

[MARTIN3030]

My guess is that the bank are going to make the first payment-which probably acts in 2 ways-it starts off the agreement and also covers a missed payment from you should that happen-so then you would make this last payment to the bank.

[coffee_drinker]

Thanks Martin...that would make sense,hope your right..