Can I keep this money? Can I claim it as mine?

[paradox]

Hi everyone!

Looking for some friendly and accurate advice, there doesnt seem to be much about this on the internet.

So around 4 months ago my online account was hacked and a large sum of money was stolen from my account in three different transactions.

My bank immedietly refunded this, stating that their fraud team would find the money which would go back to them. So the money was refunded by my bank. Then when they chased the money it was put into my account and taken out immedietly.

About a month later, one of the transactions for around 5000 was put into my account again. Please note that this transaction was from a normal account, not the actual bank.

This was about 3 months ago. I have left the money in my account and not touched it. Can I (and if so when?) claim this money as mine?

Also I need to get a mortgage soon, would it be unsafe to do so because of the 5000? Would they question it?

 

Many questions but I want to be safe.

Thank you.

[rebel11]

Hi paradox

 

Welcome to CAG

 

The guys will advise as soon as they are available.

[Michael Browne]

The bank did the right thing when your account was hacked, now it's your turn.

[paradox]

The bank did the right thing when your account was hacked, now it's your turn.

Thanks for your reply

I understand, however this money came from a normal account, not the bank. So this money was originally mine and the bank has already got back what was rightfully theirs. So the only person whose losing out is the fraudster (who deserves it anyway and I suspect has been caught now).

Do you know about the law surrounding this? Someone told me you can claim the money under these circumstances, after 6 months, but I am unsure and dont know how to go about it.

Thanks again for your reply.

[Michael Browne]

Thanks for your reply

I understand, however this money came from a normal account, not the bank. So this money was originally mine and the bank has already got back what was rightfully theirs. So the only person whose losing out is the fraudster (who deserves it anyway and I suspect has been caught now).

a) that is not a justification as why you should profit from someone else's crime to the tune of 5k

b) how do you know this came from the fraudsters bank a/c

c) even if it did, this £5000 would merely be replacing the the money that the bank reimbursed to you

Do you know about the law surrounding this? Someone told me you can claim the money under these circumstances, after 6 months, but I am unsure and dont know how to go about it.

That's certainly true of money handed in to the Police if unclaimed after 6 months. I doubt that applies here, especially as, at the moment, you haven't declared it and no-one knows of it's existence or whereabouts.

[andydd]

The bank did the right thing when your account was hacked, now it's your turn.

 

Which is the moral answer but I suspect the poster would like the actual legal answer. I too would be very tempted not to inform the bank of the mistake (especially as we now all know that half the world is in recession due to the actions of banks).

 

There certainly have been criminal cases where in a similar situation the money has been actually spent, personally I'd be tempted to move the money to a high interest account and wait and see what happens, there prob is a legal ruling that would allow the money to become yours after a certain period of time but I'm afraid I dont know what it is.

 

Andy