Strange one

[Mindbomb]

Hello all,

OH checked bank balance online today to find a credit of over 5k!

She phoned bank and said 'Not mine guv' and they said oh it'll probably get wiped/moved overnight.

It's not her money and is obviously a mistake but my questions are...

What happens when the taxman spots it?

Personally I think she should get written confirmation from them that it was a mistake on their part and am also inclined to charge a fee for the 'manual intervention' on her part in pointing out their mistake.

What say you?

[jonni2bad]

Is it still there?

 

If so, if you have one, move it to a savings account (ideally in another bank).

 

You will soon get written confirmation that it's not yours.....

[Mindbomb]

Hi,

That's what she said but me being the cautious fool I am said 'Be careful, it's not yours'

[dave]

Moving it to another bank can surely only be seen as prudence, no?

 

The bank you (she) are with can clearly not be trusted and to move it to another bank until the bank prove it is not theirs can only be seen as being careful?

[Mindbomb]

Like your style!

I just didn't want to advise anything without tips from the good people here.

I am on the blower to her now.

Thanks. Will keep you posted.

Keep up the good work.

[Mindbomb]

Soooooooo,

She's out and she promised to call me when back.

She will then transfer to my savings account (different bank) if it's still there.

Oh how I hope it is.

So pleased you're watching this Dave.

[Mindbomb]

OK so time is getting on....but....what if the phantom 5k were to be transferred to an account that was overdrawn?

Not trying to get anything I/we not due but hypothecially speaking?

[Robertxc]

Transfer it to a savings account IMEDIATELY. Just don't spend it! Before they get heavy they'll simply ask for it back, at which point you can waste a few weeks/months getting them to prove that it isn't yours. In the meantime you'll have made enough in interest to buy yourself a nice back rub or something. ;-)

[BankFodder]

Sorry to be a killjoy.

 

You should bring it to their notice - OR ... if you want to have a little fun, withdraw it and hand it in to the police.

 

However, you should be very straight in your dealings with it.

 

If you hand it in to the police, you never know, maybe the bank will be so inefficient after the 6 months or whatever are up that it will be unlaimed. The you will be able to claim it without any worries.

But imagine the embarrassment of the bank if they have to claim it back form the police.

[Guest Lueeze]

You sure its not for bank charges as saw your claiming nearly 5k??

 

I LOVE IT WHEN THE BANKS F UP!!!!

 

Tehehehe

[Robertxc]

That's a good point actually, do they owe you bank charges? you could always keep what they owe you and let them sue you for it...

[Mindbomb]

Sorry to be a killjoy.

 

You should bring it to their notice - OR ... if you want to have a little fun, withdraw it and hand it in to the police.

 

However, you should be very straight in your dealings with it.

 

If you hand it in to the police, you never know, maybe the bank will be so inefficient after the 6 months or whatever are up that it will be unlaimed. The you will be able to claim it without any worries.

But imagine the embarrassment of the bank if they have to claim it back form the police.

 

Thanks for reply BF. I can assure you I will be as straight as a straight thing from straightville but I kinda like the cut of Dave's jib.

I'm only trying to safeguard (sp) this large bundle which they don't seem to care too much about.

I'm not even bothered about making interest on it. It's not mine - sorry hers.

Just want an unauthorised handling charge of say....... £39..................oh............................and a.......late 'not sorted out' charge of say............£25..........plus £3 a day from now on.

Am I being unreasonable?

Sorry - and interest

[Guest Lueeze]

So its defo not for your claim?

[Mindbomb]

Hey Lueeze.

My other post is my claim from FD bloodsuckers. That will almost certainly amount to 5K.

This post refers to my OH who has had 5k (separate bank, name etc) put in her account.

They don't seem too concerned about it.

Which might go some way to explaining where all our money goes while they're 'clearing' our checks for us -bless them.

[Guest Lueeze]

Hmmm!

 

I would make em squirm!

 

Love it Love it!

[Overdrawn]

Hey it's good to see BF is back and as usual on top form. I think the police idea is SUPERB, we could all have a real giggle at that one.

 

Oh go on do it, do it! PLEEEASE

[Robertxc]

I'm sure someone with more knowledge than me can confirm/deny this, but I would say that if they owe you money then you can argue that you hold a lien over any of their assets which you hold, until such time as they cough up. Anyone care to comment?

 

If they owe you money I wouldn't be handing anything back while matters remain unresolved. If you think about it, if you move it to another bank, the only way they will get it back is if they sue you for it. cue your counterclaim for unlawful charges...

[Mindbomb]

OK.

Thanks for all your posts.

To clarify.

I am in the process of reclaiming (at least) 5k from FD - very early on process - c andypatti V FD thread.

This, however, refers to my OH.

She checked her balance and 5k was in there! It's not hers. She's not claiming anything from her bank in terms of charges. It's just that she's now got a deposit of 5k which is not hers.

When she phoned her bank ('manual intervention') they couldn't care less.

What if, as Dave suggested, it was moved to another account for safe keeping as they can't be trusted etc? (I am simplyfying)

My question is...... What if that account is overdrawn????

 

Sorry - Or in dispute over charges etc...

Some poor unfortunate is 5k light right now!

[Mindbomb]

Hey it's good to see BF is back and as usual on top form. I think the police idea is SUPERB, we could all have a real giggle at that one.

 

Oh go on do it, do it! PLEEEASE

I'd love to. Just need to be sure I haven't opened myself up to anything.

[pjdudley69]

It's not a Yorkshire Bank account by any chance is it? Reason I ask is that apparently they've been having some problems. My OH pays money from his YB account to mine every Friday and when he checked his account online today it's taken the money out twice. When he phoned telephone banking they told him they'd put it straight back, but they've had some probs with payments duplicating!

[Mindbomb]

Good evening,

Not as far as I know.

Pretty sure it's one of the uber *ossers!

[Robertxc]

Ah, sorry, didn't realise it was your partner's account and not yours. As far as I'm aware, if the bank makes a mistake in your favour, you have to pay it back. End of story. As it's you claiming and not your partner, she could expect them to get very humpty indeed if she doesn't return it forthwith. Also, if she transfers it in the knowledge that it isn't hers, they might very well view it as theft (if she doesn't return it straight away).

[ispartacus75]

Also, if she transfers it in the knowledge that it isn't hers, they might very well view it as theft (if she doesn't return it straight away).

 

Thats a no-go for the banks. To accuse of theft they have to prove that she intended to permanently deprive the bank of it. This could be proved by removing the money and spending it for example. But to remove it and hold it in its entirity in another account could not be proved as intention to permanently deprive.

 

To the OP

 

If you were to put this money into an overdrawn account the bank could ague that your wife did intend to permanently deprive as in the example above.

 

If you wife transfered the 5K into an a/c with a 1K OD then there would only be 4K available to give back to the bank at the appropriate time. Your wife could theoretically be charged with theft for the 1K. Its a sticky situation, but to be on the safe side it needs to go into an account with no OD and no charges pending, or under the matress.

 

If you go with the last option let me know where you live

[Bilgeman]

'To accuse of theft they have to prove that she intended to permanently deprive the bank of it'

 

So not only are the banks taking money from our accounts to which they aren't entitled but, in the eyes of the law, they're thieiving as well. Well, we knew that already but if the banks were jointly and severally hauled into court by the CPS for ongoing and continuous theft then somebody should surely go to prison?? Or a free Caribbean holiday at the very least

[Bookworm]

As far as I'm aware, if the bank makes a mistake in your favour, you have to pay it back. End of story.

 

Not end of story at all.... Do a search on the site for ESTOPPEL.

It's interesting stuff. Well, when I say interesting... All is relative, lol.