Bank makes error in your favour....
Bank makes error in your favour....
Author
Discussion

eltax91

Original Poster:

10,782 posts

237 months

Friday 14th December 2007
quotequote all
Just like in monopoly, the bank has made an error in my favour, goes as follows:-

1. New mortgage lender pays my mortgage off in full (on direct debit day)
2. Old lender take out the mortgage payment, leaving me in credit
3. I complain, they tell me to issue a charge back through my bank (where current account is)
4. Chargeback is refunded immediately
5. Something has not registered on the system somewhere, so they have refunded the difference again today (they think i'm still in credit with them)

So, i assume they'll spot their mistake and take it back? How long before (if ever) it becomes mine?

It's not a small amount (nearly a bad of sand) so would make xmas nice.

Edited by eltax91 on Friday 14th December 15:15

Idlehands

308 posts

242 months

Friday 14th December 2007
quotequote all
A reconciliation clerk will notice within a week or two. I wouldn't spend it just yet. Maybe a bit longer due to the Xmas period.

130R

7,117 posts

237 months

Friday 14th December 2007
quotequote all
eltax91 said:
So, i assume they'll spot their mistake and take it back? How long before (if ever) it becomes mine?
Yes and never.

Lurking Lawyer

4,535 posts

256 months

Friday 14th December 2007
quotequote all
eltax91 said:
How long before (if ever) it becomes mine?
Assuming you do nothing to acknowledge the debt at any point (which resets the "clock", if you do), six years. Not that it becomes yours at that point, but any claim to recover becomes statute-barred - which amounts to the same thing.

When they realise, they'll doubtless seek interest on the overpayment too. And if they issue proceedings, they'll claim it 8% - the statutory judgment rate - which is most likely more than you'll have made on it.

Edited by Lurking Lawyer on Friday 14th December 15:22

thebluebus

3,558 posts

248 months

Friday 14th December 2007
quotequote all
Does there ever come a time when an accidental receipt in your account becomes your own?

thebluebus

3,558 posts

248 months

Friday 14th December 2007
quotequote all
thebluebus said:
Does there ever come a time when an accidental receipt in your account becomes your own?
Ooop. Too slow. rolleyes

Plotloss

67,280 posts

301 months

Friday 14th December 2007
quotequote all
Oooh, virtual monopoly.

I'll be the top hat to avoid the scrum for the car.

Chilli

17,320 posts

267 months

Friday 14th December 2007
quotequote all
Right time of year for that to happen....You never know, entry sits in a suspense account for 2 weeks, then all p/l balances get cleared to zero for the year end. Has happened before and will happen again. Personally, I'd tell them. Liars and thieves..Hate 'em. Not calling you either by the way wavey

130R

7,117 posts

237 months

Friday 14th December 2007
quotequote all
Lurking Lawyer said:
six years
Are you sure about that? What I mean is, is it six years from when they made the mistake or actually six years from when the mistake was discovered? It sounds as if this is a decent amount of money anyway in which case it will be considered theft if he/she fails to notify them of the mistake.

Edited by 130R on Friday 14th December 15:37

The Hitman

2,592 posts

241 months

Friday 14th December 2007
quotequote all
130R said:
Lurking Lawyer said:
six years
Are you sure about that? It sounds as if this is a decent amount of money anyway in which case it will be considered theft if he/she fails to notify them of the mistake.
The OP wont be concidered responsible if the ammount is small enough to be concidered as part of the normal running of the account. So if its obvious that this money isn't your's, own up after xmas.

Le TVR

3,097 posts

282 months

Friday 14th December 2007
quotequote all
Idlehands said:
A reconciliation clerk will notice within a week or two.
Or not...

Madame arranged a international transfer to her account with Credit Lyonnais. A significant sum.
A few months later CL appointed her a 'personal account adviser' scratchchin
A few months later said adviser rang to say 'do you really need over a million francs in your current account? Can we send one of our investment advisors to see you?' confused

Eventually I traced that they had credited the international transfer twice on consecutive days, some 6 months previously.


eltax91

Original Poster:

10,782 posts

237 months

Friday 14th December 2007
quotequote all
Chilli said:
Right time of year for that to happen....You never know, entry sits in a suspense account for 2 weeks, then all p/l balances get cleared to zero for the year end. Has happened before and will happen again. Personally, I'd tell them. Liars and thieves..Hate 'em. Not calling you either by the way wavey
Yeah, Mrs Eltax has suggested we outta hand it back. unfortunately, this same wit bank were also responsible for taking the money on the day, even though i'd informed them weeks before not to do so. And it took 4 hours of my time to get it sorted. So it really grates to give it back. smile

eltax91

Original Poster:

10,782 posts

237 months

Friday 14th December 2007
quotequote all
The Hitman said:
130R said:
Lurking Lawyer said:
six years
Are you sure about that? It sounds as if this is a decent amount of money anyway in which case it will be considered theft if he/she fails to notify them of the mistake.
The OP wont be concidered responsible if the ammount is small enough to be concidered as part of the normal running of the account. So if its obvious that this money isn't your's, own up after xmas.
That's a fair point made... if i keep stum, are there legal implications.

If it matters, the sum of the amount is between £750 and £1000

130R

7,117 posts

237 months

Friday 14th December 2007
quotequote all
eltax91 said:
if i keep stum, are there legal implications.

If it matters, the sum of the amount is between £750 and £1000
Rather depends on how much you had in your account. If you had 25K in there then you could claim you didn't realise, not so easy to do that if you were overdrawn at the time.

Fatboy

8,269 posts

303 months

Friday 14th December 2007
quotequote all
Send them a letter telling them about it, enclosing a cheque for the amount -£35 for the letter.

eltax91

Original Poster:

10,782 posts

237 months

Friday 14th December 2007
quotequote all
130R said:
eltax91 said:
if i keep stum, are there legal implications.

If it matters, the sum of the amount is between £750 and £1000
Rather depends on how much you had in your account. If you had 25K in there then you could claim you didn't realise, not so easy to do that if you were overdrawn at the time.
Well, it's our joint current account, so two £23k salries in and all the bills out in a month.

I've noticed it, because it took a jump from yesterday to today. But, the current balance is not an unusual one, and it reaches this sort of balance on a monthly basis!

Hooli

32,278 posts

231 months

Friday 14th December 2007
quotequote all
id leave until they click. they never make life easy for us, why should we help them out?

Simpo Two

93,010 posts

296 months

Friday 14th December 2007
quotequote all
Plotloss said:
Oooh, virtual monopoly. I'll be the top hat to avoid the scrum for the car.
Ooh goody, move over Mornington Crescent, I'm bagging Vine Street...

thebluebus said:
Does there ever come a time when an accidental receipt in your account becomes your own?
Seven years possibly?

Jasandjules

72,662 posts

260 months

Friday 14th December 2007
quotequote all
eltax91 said:
So, i assume they'll spot their mistake and take it back? How long before (if ever) it becomes mine?
It never becomes yours. The good news is, if you spend it, you can charged with theft.