Money paid incorrectly into my account - not mine

Money paid incorrectly into my account - not mine

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Discussion

OllyMo

596 posts

212 months

Friday 16th October 2015
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Robertj21a said:
Not correct - it's not his responsibility. Once he has highlighted that he believes he has received the money in error, he has done all that he can be expected to do. The only onus on him will be to ensure that the money is set aside and not touched.
Maybe not legally, but morally it is. If you've got someone elses money, even by mistake, you should be banging their door down to give it back.

Can't OP contact the company? It would be relatively easy to get through to their accounts who would see what's happened pretty quickly and let him know where to send it. It's not difficult.

Eric Mc

121,958 posts

265 months

Friday 16th October 2015
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Contacting the bank is probably good enough to get the OP off the hook.

The law essentially says that the recipient needs to take reasonable steps to identify the payer. Checking with the bank is looked on as a "reasonable step".

Personally, I would make a bit more of an effort to try and identify where the money came from but that's me.

The banks are actually prohibited from giving account information so they will know where the money came from but will not divulge the source. Instead, if a payer has inadvertently paid into the wrong bank account, they sit back and wait for the payer to discover the error and will only act on it then.

Rick_1138

Original Poster:

3,667 posts

178 months

Friday 16th October 2015
quotequote all
OllyMo said:
Robertj21a said:
Not correct - it's not his responsibility. Once he has highlighted that he believes he has received the money in error, he has done all that he can be expected to do. The only onus on him will be to ensure that the money is set aside and not touched.
Maybe not legally, but morally it is. If you've got someone else's money, even by mistake, you should be banging their door down to give it back.

Can't OP contact the company? It would be relatively easy to get through to their accounts who would see what's happened pretty quickly and let him know where to send it. It's not difficult.
It is when i dont know who the company actually was, i googled the name and a couple came up, 1 of which is based in both the UK and Austria, i am not phoning up random companies in the hope that telling them that they are due £4k, who is to say they may lie and get £4k transferred in and i then get done when the correct company contacts my bank asking for cash back.

Even the bank said it wasn't the best idea if i cant guarantee who sent the money.


Eric Mc

121,958 posts

265 months

Friday 16th October 2015
quotequote all
There will be some numbers and references quoted on the entry on the bank statement which might allow you to narrow down who the payer is.

Rick_1138

Original Poster:

3,667 posts

178 months

Friday 16th October 2015
quotequote all
Eric Mc said:
There will be some numbers and references quoted on the entry on the bank statement which might allow you to narrow down who the payer is.
All i can see on my transaction history is part of the company name, and 'automated pay-in'

No other info on the transaction list.

TBH i cant see it lasting longer than the month before someone notices an issue and contacts the bank from the payer end.

rossub

4,440 posts

190 months

Friday 16th October 2015
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Eric Mc said:
There will be some numbers and references quoted on the entry on the bank statement which might allow you to narrow down who the payer is.
Stuff that. Its not his fault or his problem! If he doesn't spend the money, its still there for when someone comes calling for it.

I think he's made more than enough of an effort to resolve it.

Eric Mc

121,958 posts

265 months

Friday 16th October 2015
quotequote all
The rules say he must make a "reasonable effort" to identify where the money came from. From what I can see - based on the information he has and the fact that he has already contacted his own bank - he HAS made a reasonable effort.

If the details shown on his statement were sufficient to positively identify who the payer was, then what he has done so far might NOT be classed as "reasonable".

It depends on the circumstances.

Mr Trophy

6,808 posts

203 months

Friday 16th October 2015
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I had an absolutely nightmare last year with a well-known bank.

I paid a 5K cheque into the bank (one of those automatic ones). The lad came over and showed me how to use it, put my card in along with the cheque.

It came back saying I was en-cashing £10K and click continue if correct. It wasn’t so we cancelled and carried on. Again, it said £10K…

“Just press OK mate and I’ll sort it out” Needless to say, he never did in fact sort it out and I spent about three weeks (literally) trying to tell the bank it was their money and not mine.

I should have just took the money out, “no Sir, it’s definitely yours was repeated over and over again.


Edited by Mr Trophy on Friday 16th October 15:05

Robertj21a

16,476 posts

105 months

Friday 16th October 2015
quotequote all
OllyMo said:
Maybe not legally, but morally it is. If you've got someone elses money, even by mistake, you should be banging their door down to give it back.

Can't OP contact the company? It would be relatively easy to get through to their accounts who would see what's happened pretty quickly and let him know where to send it. It's not difficult.
It's the banks who have transmitted the payment, it's not as if someone has posted £20 notes to you in error. Banks have very thorough audit trails and are more than used to monies sitting in suspense accounts while the correct recipient is identified. In any event, for reasons of confidentiality, the banks will be unable to divulge anything further .

Sheepshanks

32,724 posts

119 months

Saturday 17th October 2015
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Mr Trophy said:
...I spent about three weeks (literally) trying to tell the bank it was their money and not mine.
It wasn't the bank's money that you had - they'd have withdrawn it from the account holder of the cheque you paid in.

iantr

3,370 posts

239 months

Monday 19th October 2015
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Here's a $6bn version of what happened to you...

https://t.co/oNtz2Bmzvs

milner993

1,297 posts

162 months

Friday 23rd October 2015
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Can I have my £4k back wink

romeogolf

2,056 posts

119 months

Tuesday 3rd November 2015
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Mr Trophy said:
I had an absolutely nightmare last year with a well-known bank.

I paid a 5K cheque into the bank (one of those automatic ones). The lad came over and showed me how to use it, put my card in along with the cheque.

It came back saying I was en-cashing £10K and click continue if correct. It wasn’t so we cancelled and carried on. Again, it said £10K…

“Just press OK mate and I’ll sort it out” Needless to say, he never did in fact sort it out and I spent about three weeks (literally) trying to tell the bank it was their money and not mine.

I should have just took the money out, “no Sir, it’s definitely yours was repeated over and over again.


Edited by Mr Trophy on Friday 16th October 15:05
How was it eventually resolved?

Ken Figenus

5,706 posts

117 months

Monday 9th November 2015
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I received £80k once. Shifted it for safe keeping into my then Northern Rock Flexi Mortgage account. Then when HMRC asked me for their money back (rather unpolitely) a month later I sent them a cheque from the same account. Eveyones a winner and they are lucky to have dealt with an honest upright citizen that refunds money far quicker than them!

Rick_1138

Original Poster:

3,667 posts

178 months

Tuesday 24th November 2015
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I contacted the bank again today. I spoke with my brother in law who is a solicitor and he explained that i had done everything right contacting the bank but having something in writing would be an idea.

So i contacted the bank and asked if any progress had been made, they said nothing had changed but they had a record of my initial call, but would now make it a full investigation and send out confirmation in writing to me. They said there wasnt much they can do until the place that made the error contacts their bank so i just have to sit tight.

My BiL basically said the amount of money was probably quite small for the company so it hasnt flagged up, OR it would cost more in legal checks and such to find it, so they may not notice until April when they do their accounts audit, which i had assumed may be happening as i hadnt had anything after 2 months.

At least i now have a formal recognition of the issue and the cash is still available for return as soon as its asked for.

pain though as i would rather not have cash sitting there for half a year.

Mandat

3,884 posts

238 months

Tuesday 24th November 2015
quotequote all
Rick_1138 said:
I contacted the bank again today. I spoke with my brother in law who is a solicitor and he explained that i had done everything right contacting the bank but having something in writing would be an idea.

So i contacted the bank and asked if any progress had been made, they said nothing had changed but they had a record of my initial call, but would now make it a full investigation and send out confirmation in writing to me. They said there wasnt much they can do until the place that made the error contacts their bank so i just have to sit tight.

My BiL basically said the amount of money was probably quite small for the company so it hasnt flagged up, OR it would cost more in legal checks and such to find it, so they may not notice until April when they do their accounts audit, which i had assumed may be happening as i hadnt had anything after 2 months.

At least i now have a formal recognition of the issue and the cash is still available for return as soon as its asked for.

pain though as i would rather not have cash sitting there for half a year.
Ring fence the money in another account so that you are not tempted to spend it in the meantime. You could buy some premium bonds for the duration, which might even net you a prize or two whilst you wait for the cash to be reclaimed.

BoostMonkey

569 posts

185 months

Tuesday 24th November 2015
quotequote all
Rick_1138 said:
I contacted the bank again today. I spoke with my brother in law who is a solicitor and he explained that i had done everything right contacting the bank but having something in writing would be an idea.

So i contacted the bank and asked if any progress had been made, they said nothing had changed but they had a record of my initial call, but would now make it a full investigation and send out confirmation in writing to me. They said there wasnt much they can do until the place that made the error contacts their bank so i just have to sit tight.

My BiL basically said the amount of money was probably quite small for the company so it hasnt flagged up, OR it would cost more in legal checks and such to find it, so they may not notice until April when they do their accounts audit, which i had assumed may be happening as i hadnt had anything after 2 months.

At least i now have a formal recognition of the issue and the cash is still available for return as soon as its asked for.

pain though as i would rather not have cash sitting there for half a year.
My accounts team have just sent £1,762 to the wrong company.
To get it back our bank (Barclays Corporate) charges £25.

You going to want to ring fence it for at least a year, depends when their year end is and when they look at the books.

Welshbeef

49,633 posts

198 months

Wednesday 25th November 2015
quotequote all
The other thing is IF you intend on keeping it you will have to declare it on your self assessment and pay the correct amount of Tax on it.


But the risk is you are linked to money laundering - clearly your not dumb enough to play oh I didn't realise I had £4K which I then moved to a savings account Mr Policeman. It might be overkill but call local BIB get a case ref (I doubt they will ever look at it) then if there is ever any comeback "look I did what I could" and total are covered.


It might also be criminal activity somehow by have obtained your bank details and at some point will clear you out.

carreauchompeur

17,840 posts

204 months

Wednesday 25th November 2015
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Haha, I had this a while back. Random amounts of money going into my bank account with little or no information. .In the end I declared it at work because I was concerned it'd look like 'brown envelopes' in hindsight...

Turned out I finally tracked it down... Compensation payments from aaaaages back after a scrote damaged my car.

Nice

Mr Trophy

6,808 posts

203 months

Wednesday 25th November 2015
quotequote all
romeogolf said:
Mr Trophy said:
I had an absolutely nightmare last year with a well-known bank.

I paid a 5K cheque into the bank (one of those automatic ones). The lad came over and showed me how to use it, put my card in along with the cheque.

It came back saying I was en-cashing £10K and click continue if correct. It wasn’t so we cancelled and carried on. Again, it said £10K…

“Just press OK mate and I’ll sort it out” Needless to say, he never did in fact sort it out and I spent about three weeks (literally) trying to tell the bank it was their money and not mine.

I should have just took the money out, “no Sir, it’s definitely yours was repeated over and over again.


Edited by Mr Trophy on Friday 16th October 15:05
How was it eventually resolved?
Sorry I've just seen your reply. Eventually the bank admitted it was their fault after 2 months if I remember correctly. I was paid £100 as a thank you / sorry for wasting your time.