20,000 credited to account by mistake

[goforit]

Dont get me wrong she has no intention of keeping the money but the offence above is only relevant if the money is obtained dishonestly which in her case it hasnt

see below

 

(Copied from some law book on the internet)

 

It is made clear that a credit is only "wrongful" if it derives from a dishonest source i.e. stolen goods, blackmail, theft or the new section 15A offence. In the latter case, a credit side of a money transfer is regarded as "wrongful" if that transfer is obtained in circumstances amounting to the new offence under section 15A. So someone who, through a bank error, is credited an amount to an account, realises the mistake and does nothing about it will not be guilty of the new section 24A offence. Such conduct would not amount to an offence under the Theft legislation unless the taking of advantage of another's mistake in these circumstances can amount to theft contrary to section 1 of the 1968 Act. Clearly, if D knowingly pockets excess change in a supermarket handed to her because of an assistant's error, then that can amount to theft from the supermarket due to section 5(4) of the 1968 Act; but here the property, the excess change, "belongs to" the supermarket. In the case of the credit transfer, however, Preddy makes it clear that the property does not "belong to" the person, V, from whose account the amount is debited but instead belongs in essence to the bank who operates that account; so it would seem that there is no section 1 theft offence as against V, the customer.

 

If keeping the money isn't criminal then thats good. I would also check the amount that has been withdrawn from the drawer's account, if it is a friend, person rather than a company.

 

Also if the bank, or your daughter, has anything to do with Scotland you may be onto a winner. For example, a gratious contract (one sided obligations) can be enforced in Scots Law. It would be anamolous to allow a party to enforce a gratious contract but to force a party who has been given, what is in essence, a gift, to give it back.

[goforit]

I beg to differ on your reasoning.

 

Section 24A of the Theft Act 1968 was inserted by section 2 of the Theft (Amendment) Act 1996 which became effective from 18 December 1996. This closed the loop hole that once existed in regards to dishonestly retaining a wrongful credit.

 

The correct wording of the current law is "retaining a wrongful credit"

 

There are 3 points to prove. Namely:

 

1 - A wrongful credit has been made to an account (it clearly has)

2 - The credit is known or believed to be wrongful (it is)

3 - dishonestly fail to take such steps as are reasonable in the circumstances to secure that credit is cancelled.

 

by failing to notify the bank then all 3 points would have been covered and the full offence committed.

 

:!: Another point to not in the amended act is that any money dishonestly withdrawn from an account to which a wrongful credit had been made may be regarded as stolen goods. Conduct involving the dishonest handling of cash withdrawn from the account credited would be dealt with as "handling stolen Goods" - this would clearly be the case if funds were withdrawn and invested into premium bonds etc. :!:

 

 

However, as I far as I can see that statute gives "wrongful" a specific definition, which isn't met in this case.

[goforit]

Also can I ask how many hours was it in your daughter's account.

 

Write to the bank, asking for the money back, you might get a goodwill payment, especially if your daughter recently took them to court. Also, a claim to the financial services ombudsmen costs you nothing, involves a simple form and costs the bank about £400.00 just in ombudsman fees. Whats more you have nothing to lose.

[rogerebaker]

Ok what is the name of that statute. If possible coud you please give details of s15A and s15B of that statute as I think.

 

Also Roger the following questions are relevant, what bank is it, what Country does your daughter live in, is the branch in Scotland, England, Wales, etc. All this is relevant to determine what country's criminal justice laws are relevant.

 

Go for it.

 

it was in the account for about 5 hours.

 

The statute is the main theft Act as amended several times.

 

My daugter would answer to the last question " Is wales and Scotland in England Dad" does that answer the question

[rogerebaker]

Also can I ask how many hours was it in your daughter's account.

 

Write to the bank, asking for the money back, you might get a goodwill payment, especially if your daughter recently took them to court. Also, a claim to the financial services ombudsmen costs you nothing, involves a simple form and costs the bank about £400.00 just in ombudsman fees. Whats more you have nothing to lose.

 

I had a letter from the bank apologising and pointing out it was a data input error.

 

I will put this on the back burner until they try and charge her again and will bring it up then.