unknown thousands in my bank!!!!

[livelylad]

This may clear things up a little.

 

2. - (1) After section 24 of the Theft Act 1968 insert-

"Dishonestly retaining a wrongful credit. 24A. - (1) 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.

(2) References to a credit are to a credit of an amount of money.

 

Theft (Amendment) Act 1996

[lellypea]

Stick it in a savings a/c and leave it for a while. Also keep any records you have of your enquiry re it, and banks 'assurance' it was correctly in your a/c. My guess is ......it will be tracked down eventually and u don't want it to cause you probs.

 

Resist the idea re teensy weensy..... tempting tho it may be.

 

best of luck.

 

Lel

 

If its still there next year - remember I'm your best friend!!! lol!

[MattyH]

I agree to both the above posts, but the OP HAS reported the money as not hers, the bank have washed their hands, so what happens if no one claims the money??

 

Matt

[Guest littlesally]

If the bank don't take it and give it back where it came from or where it was meant to go, how long before it legally becomes yours?

Surely no-one could be expected to keep that kind of money in their account, and not spend it, forever?

 

Sally x

[jezzyjet]

hi all, the thing that would worry me a bit is the money laundering laws ,if a large amount of money goes into an account that normaly would not bells start ringing i had a friend that got compensated for a bike accident and when the cash went in the bank froze the account until it was traced(or so he said) also my suspitious mind makes me think of those nigerian scams, also if the inland revenue were to find out about it ,more stress!!,dont want a tax demand on it then the owner wants his money back,,dont want to worry anyone but worst case senarios !!

 

 

jezzy

[Stornoway]

thanks for the info!! do i ask for all transfer details or can i just ask for all the records for the two transactions in question? would there be a charge for this?

In my day, you could / would get a A4 sized record of the transaction with all this information on it. We used to handwrite this and post it to the customer on the same day the credit arrived (the source of the info was from a print out received from head office).

 

Nattie would be best placed to advise how it all works now.

[Janet-M]

They have 6 years .. remember

 

in answer to what if they don't claim it back.

[kaileo]

This may clear things up a little.

 

 

 

Theft (Amendment) Act 1996

so in this instance parts (A) (B) automatically apply as ive already stated. however part © doesn't apply so clearly as i have surely taken reasonable steps in the circumstances by contacting the bank immediately and informing them that i should not have received such payment which they in turn have told me is legitimate. so therefore surely i have not and will not be commiting an offence????

[MattyH]

Someone could have typed in the wrong account number on their internet banking when transferring some money.. thats an expensive mistake!

 

I'm sure the bank(s) will eventually track it down and it'll go from your account again. I'd write to the bank explaining everything, which will then cover you if they start accusing you of theft etc.

 

Matt

[livelylad]

so in this instance parts (A) (B) automatically apply as ive already stated. however part © doesn't apply so clearly as i have surely taken reasonable steps in the circumstances by contacting the bank immediately and informing them that i should not have received such payment which they in turn have told me is legitimate. so therefore surely i have not and will not be commiting an offence????

 

No what the bank said is that the payment is legitimate , they did not say it was yours or that the person who made the transfer sent it to the right account.

[Guest NATTIE]

Kalileo- Do you know the source of the credit? what i mean is name of person or organisation that sent the money. Is it an organisation or person? if it is an organisation, then do a google search and find an address and write to them stating you have received x amount and that it had y reference number and ask them to confirm what the money is for. PLEASE guys be careful of your responses on this one. An advice should have been sent advising of the payment, kalileo, was one received?

[kaileo]

Kalileo- Do you know the source of the credit? what i mean is name of person or organisation that sent the money. Is it an organisation or person? if it is an organisation, then do a google search and find an address and write to them stating you have received x amount and that it had y reference number and ask them to confirm what the money is for. PLEASE guys be careful of your responses on this one. An advice should have been sent advising of the payment, kalileo, was one received?

hi Nattie, all the information i have is what is printed on my statement and a letter received from nasty west as you say advising of the payment which contained the name of some spanish guy, my account details as the recipient, the amount in euros and exchanged to GBP, and thats all!!!!!!

[Guest NATTIE]

do you know who the spanish guy is?

[kaileo]

absolutely no idea im afraid!!!!!!1

[Guest littlesally]

Surely the bank can trace the money backwards and write to the man concerned asking him to confirm the name and account number?

Sally x

[kaileo]

Surely the bank can trace the money backwards and write to the man concerned asking him to confirm the name and account number?

Sally x

thats what i thought but all i got from them was that everything was correct and that i could investigate myself should i wish to!!!! where would you go from that?????????

[Todge]

Contact your bank and ask them for the address of the remitting bank.

 

Ask them to put the money into a separate deposit account, in the meantime.

 

Write to the Spanish bank, and ask for details of the remitting account i.e. the name of the account holder, or ask them to pass on a letter from you?

 

Seems the decent thing to do?

 

Todge.

 

PS: I hope it's a long-lost rich relative! Good luck!!

[Guest NATTIE]

Kalileo, do as we have said keep in in a savings account because i am sure within 30 days the money will be taken back. The bank would not have the other person's account number or address of the sender. They can ask the spanish bank to confirm that the account details are correct. I think this is the only thing left. I would keep it in a savings account within the bank for 30 days as i am sure it would be taken back within that timescale.

[Guest littlesally]

Make sure you get eveything you possibly can in writing from the bank and anything you can't (i.e. phone calls) make detailed notes, name of peson, time, date, questions, outcome.

 

And as Todge says, ask for the name of the bank, name of the man and write to that bank explaining, and enclose a copy for the man for them to foreward.

Photocopy anything you send!

 

Sally x

[kaileo]

Kalileo, do as we have said keep in in a savings account because i am sure within 30 days the money will be taken back. The bank would not have the other person's account number or address of the sender. They can ask the spanish bank to confirm that the account details are correct. I think this is the only thing left. I would keep it in a savings account within the bank for 30 days as i am sure it would be taken back within that timescale.

i transferred it accross to my reserve account the next day and there it's gonna stay until it gets claimed back!! just don't know what to do SHOULD it still be there in a couple of months

[hagenuk]

This is money paid under a mistake of fact and whoever paid it to you is entitled to recover it. There is caselaw going back over 160 years, one of the earliest is Kelly v. Solari (1841) 152 E.R. 24 at 26 where Baron Parke stated,

 

"I think that where money is paid to another under the influence of a mistake, that is, upon the supposition that a specific fact is true, which would entitle the other to the money, but which fact is untrue, and the money would not have been paid if it had been known to the payer that it was untrue, an action will lie to recover it back, and it is against conscience to retain it."

 

The law on the recovery of money paid by a banker under a mistake of fact was reviewed by Robert Goff J in the case of Barclays Bank Ltd v. WJ Simms & Cooke (Southern) Ltd & Anor [1980] 1 QB 677.

 

Goff J after a detailed analysis of the law deduced the following principles that:

 

(1) If a person pays money to another under a mistake of fact which causes him to make the payment, he is prima facie entitled to recover it as money paid under a mistake of fact.

 

Now of course, there was never any suggestion that you were going to keep the money, but personally I would not even move it - you know it's not yours and at some point the sender will realise the error and want it back - and they will be perfectly entitled to take it back and if you do move it and earn any interest, they can claim this back too - so what is the point of moving it?

[Guest littlesally]

I think what Kaileo is concerned about though Hag, is "What if it does not get requested back?"

How long has anyone got to realise the mistake and ask for it back?

And also, it's all very well knowing it's not yours but what should be done with it?

I would not want it in an account I use a lot as I would be bound to spend some of it!

 

Sally x

[kaileo]

This is money paid under a mistake of fact and whoever paid it to you is entitled to recover it. There is caselaw going back over 160 years, one of the earliest is Kelly v. Solari (1841) 152 E.R. 24 at 26 where Baron Parke stated,

 

"I think that where money is paid to another under the influence of a mistake, that is, upon the supposition that a specific fact is true, which would entitle the other to the money, but which fact is untrue, and the money would not have been paid if it had been known to the payer that it was untrue, an action will lie to recover it back, and it is against conscience to retain it."

 

The law on the recovery of money paid by a banker under a mistake of fact was reviewed by Robert Goff J in the case of Barclays Bank Ltd v. WJ Simms & Cooke (Southern) Ltd & Anor [1980] 1 QB 677.

 

Goff J after a detailed analysis of the law deduced the following principles that:

 

(1) If a person pays money to another under a mistake of fact which causes him to make the payment, he is prima facie entitled to recover it as money paid under a mistake of fact.

 

Now of course, there was never any suggestion that you were going to keep the money, but personally I would not even move it - you know it's not yours and at some point the sender will realise the error and want it back - and they will be perfectly entitled to take it back and if you do move it and earn any interest, they can claim this back too - so what is the point of moving it?

one major point to moving it TEMPTATION!!! if it just sits in my current account unless you are beyond reproach unlike me then the temptation could be there in my face everytime i use a cashpoint!!!!!

[Guest NATTIE]

That is was why i suggested it to keep it away from YOUR money and allowing you to know what money is yours and what money is not.

[will77]

oh i am so happy i found this thread... ive been wondering where my money had gone astray..... can i have it back please....?