Cheque error

[GD54]

I had a letter from my bank saying that a cheque for £346 had been paid into my account in error and they want me to pay it back. I understand that I am responsible for this sort of thing but my complaint is that between the cheque being paid into my account and my going on holiday and spending the amount, I did not receive a statement. I am not registered for on-line banking, so simply checked at an ATM machine that I had a good amount of money available before I went. I trusted the balance to be accurate and so went on holiday, spending the money (perhaps I should be a little more aware of what I have in my account). The bank are of course requesting that I pay back the amount and if I must, then I will however, I do feel particularly badly done too, as I had no way of knowing that my balance was wrong, as I had not had a statement.

[Michael Browne]

Offer to repay the money at a rate you can afford.

[BRIGADIER2JCS]

Were you aware of what the available funds in your account should have

been at this time??

[GD54]

I didn't know exactly what my balance should have been. I was pleased I had a little more available than I thought I would have had, but the amount didn't ring any alarm bells. I certainly didn't think there had been an error, after all the amount is not huge.

 

This is not my main bank account by the way. It's an old one I was using to save for my holiday.

Edited June 14, 2012 by GD54
Additional comment.

[maroondevo52]

I'd do as Michael Brown has suggested and offer to repay the money at a rate you can afford.

 

I can understand you not realizing this error had occurred but, I've read that keeping any money wrongly credited to your account, could lead to you being charged with ‘Retaining wrongful credit’. The 1968 Theft act defines this as: "A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it".

 

It goes on to say that: "A person is guilty of an offence if:

 

(a) a wrongful credit has been made to an account kept by him or in respect of which he has any right or interest;

 

(b) he knows or believes that the credit is wrongful; and © he dishonestly fails to take such steps as are reasonable in the circumstances to secure that the credit is cancelled."