Double settlement

[CodyCalling]

After sending my letter before action I got a offer during Christmas to refund my £840 worth of bank charges. I accepted this offer and the money was in my account within two days. However a couple of weeks later I got another letter offering me a settlement of £817. I optimistically sent the acceptance letter back but thought that they would realise their mistake and I wouldn't hear anything back. However I checked my account today and the £817 is in there. What I want to know is can they take this money back. I'm tempted to close the account and take the money. Has anyone else been offered a double refund.

[Deller]

What a result Cody!!

[rbrears]

Repay it. You know its a mistake and you know its not your money. At some point the bank will notice the error and ask you for it back. Sending back the second settlement letter when you knew that your claim had already been paid in full rather than pointing out the bank's error is serious stuff. If you keep it or even had the intention of doing so when you returned the second settlement acceptance that might be sufficient to establish that you have committed an offence under the Theft Act. I would send the money back now and tell them that you made an error.

[The cobbett slayer]

Agreed - You know it isn't correct.

 

The definition of theft is "The taking of money or goods with the intention of permanently depriving the owner".

 

At the moment you can return it safely - spend it and the bank could conceivably report you to the police.

[CodyCalling]

I don't see how this can be construed as theft. They have offered me two separate settlements for two different amounts by two different people. It is their mistake (if indeed it is a mistake) so why should I be the person to point it out. Surely it should be them to say to me 'We have made a mistake we want our money back' which I would be more than willing to do.

[rbrears]

You now say "if it is a mistake" Do you now believe that it isn't? If it is, and you appear to have confirmed this in your earlier post, then if you are prepared to repay it if they ask you, why not just give it back? If you keep it for too long or spend it that will constitute theft of the money.

[Michael Browne]

Surely it should be them to say to me 'We have made a mistake we want our money back' which I would be more than willing to do.

Apparently not, and the chances are they won't give you the opportunity to do so. When they realise their/your mistake, they will merely debit your a/c.