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Bank Error in my favour!


benjimon
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Over the last year I've been charged extornationate amounts for going overdrawn (some in the banks error and neverthless still sharging me).

 

Last week my bank completely ate up my JSA payment and left me nothing to live, and threatened to close my account unless I paid some money in.

 

I borrowed some money and paid it in.

 

I paid in £60 , but bank has credited my account with £110.

 

Obviously I'm aware this wasn't my money so I phoned the bank, they quite didn't understand what the problem and suggest that I go into my local branch (not quite sure where the call centre was).

 

So, this morning I went into my local HSBC branch where my account is held and clearly explained the problem.

 

I was kept waiting for five minutes and the receptionist returned to say that my accounts had been credited with £110 and this correct. I had to re-explain the problem. He went off and returned a few minutes later and said that there where no errors in the accounts from Saturday (the day I paid in the money). He was quite rude and went as far as saying that it was me who had made a problem.

 

My questions, if anyone knows an answer are:

 

Can I legally keep the money.

 

Can I charge the bank an admin fee for my phone calls?

 

Should I send my bank a letter and charge for this letter for them making a mistake on my account?

 

Ben

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Over the last year I've been charged extornationate amounts for going overdrawn (some in the banks error and neverthless still sharging me).

 

Last week my bank completely ate up my JSA payment and left me nothing to live, and threatened to close my account unless I paid some money in.

 

I borrowed some money and paid it in.

 

I paid in £60 , but bank has credited my account with £110.

 

Obviously I'm aware this wasn't my money so I phoned the bank, they quite didn't understand what the problem and suggest that I go into my local branch (not quite sure where the call centre was).

 

So, this morning I went into my local HSBC branch where my account is held and clearly explained the problem.

 

I was kept waiting for five minutes and the receptionist returned to say that my accounts had been credited with £110 and this correct. I had to re-explain the problem. He went off and returned a few minutes later and said that there where no errors in the accounts from Saturday (the day I paid in the money). He was quite rude and went as far as saying that it was me who had made a problem.

 

My questions, if anyone knows an answer are:

 

Can I legally keep the money.

 

Can I charge the bank an admin fee for my phone calls?

 

Should I send my bank a letter and charge for this letter for them making a mistake on my account?

 

Ben

 

Firstly Ben I would open a parachute account and transfer my main banking into it, that way they cant leave you with nothing ot live on.

 

Then I would send an SAR and start the process of reclaiming all those charges.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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If you used a paying in slip to bank the £60, you can tell them to look at

the figure on the slip to show them the mistake. There may have been

another mistake made by the same cashier also for £50 to balance out the

one they made with you for instance.

Or are you sure you didn't have a further £50 paid in from another source?

 

Legally you are not entitled to the money and you will have to repay it if

reclaimed by the bank within a reasonable time. So bear that in mind on your

account that you are £50 less than the statement reads otherwise you could

get clumped for bank charges when they discover their mistake and claw back

the money.

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The money was paid in using one of the paying machines in the foyer. I didn't have my card with me, so it was a member staff who used a bank card, took my paying in slips and put the money in the envelope and put this into the machine.

 

I can't be certain I didn't get £50 elsewhere, but if I had I guess that this would show as a seperate amount, not a single amount for the wrong value as it does now.

 

Can the bank take £50 out of my account without notice?

 

What about me contacting the bank and their response that no error had been made? Is this legally binding?

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Yes Benjimon, they can take the £50 from your account without notice as it

is not your money. There was a recent thread where a bank wrongly

credited an account with £3500 and they whipped it out much later in the day without notice. If they didn't notice for a fair amount of time, common

courtesy would dictate that a request or notification would be made first-especially if the action would put your account overdrawn-but hey, we are

talking about a bank.

Look if you paid in £60, and they have credited you with £110, then there is

no legal way that the money is yours. And because you know it is not yours,

which is highly significant in Law, that definitely means you have no legal

claim on the money.

 

PS I am bound to say that I admire your honesty in bringing it to their

attention, doubly so given your position. But the fact that the employee

you dealt with didn't conduct a comprehensive enough investigation does

not make the money yours. Sorry.

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I had something similar a few weeks ago but it involved several thousand pounds. I did a bit of research and it transpires that by keeping it / transferring it/ hiding it etc etc you commit NO criminal offence.

 

The bank of course has the right to reclaim the money through the civil court.

 

It appears that if you make a complaint to ther banking ombudsman they can ajudicate on whether you can keep it or not.

 

I would get the bank to deny any mistake in writting and you couldnt then be accussed of not telling them.

7 actions in progress

 

amount refunded so far £6500

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