Sent wrong amount to a friend's account

[Vron]

Not me.

Someone has sent £3000 using a banking app instead of £300 to a 'friend's' account.

Friend has now stopped replying to messages.

Is this a civil small claims court job now?

People are quoting the 'Theft act 1968' 'keeping a wrongful credit' saying its a police matter and to phone the police.

I thought that applied to 'dirty' money going into an account, not any money.

After all, there's no proof the recipient wasn't 'expecting' £3000?

Just curious.

Thanks

[vaud]

Have they called their bank? It will happen a lot and the bank will be able to advise.

[Vron]

Bank have said it can't be recalled as the sender agreed to all the anti-fraud checks before hitting 'pay'. I think it has been spent anyway.

[ScotHill]

Don't think the above matter: https://www.hardingevans.com/news/2022/02/17/accid...

So yes they should pay it back, whether it's a police or civil matter I don't know. Getting it back might be a different story though.

[PhilkSVR]

Not much of a friend…

[alscar]

Have you / your friend got any proof of the request for £300 or was this supposed to be simply a gift ?
Even with this and proof that £3,000 was mistakenly sent I doubt Police will be interested and the Bank ( and a good idea to call them to check ) the same as a) you had made the transaction “ not under duress “ and b) continued with the payment after they had raised the usual health warnings.
But good luck to you.

[OddCat]

With friends like that they don't need enemies.

[Tony1963]

Was this a drug deal?

[Vron]

Tony1963 said:

Was this a drug deal?

No - it was paying back a borrowed £300.

[Tony1963]

Blimey. Horrific.

[Vron]

This is what I mean - as the money is not 'wrongful' does this act apply?

[paradigital]

Vron said:

No - it was paying back a borrowed £300.

Devil’s advocate, but what if the “friend” “expected” this level of interest?

[Vron]

paradigital said:

Vron said:

No - it was paying back a borrowed £300.

Devil’s advocate, but what if the “friend” “expected” this level of interest?

Well, that's the point. They could say it was 1000% APR, I don't know the timescales.

I was more interested in people's opinion if the theft act applies, or if as I thought, that only applies to 'proceeds of crime' type monies. If its worth a call to the police, basically. I think not.

[Alex Z]

paradigital said:

Vron said:

No - it was paying back a borrowed £300.

Devil’s advocate, but what if the “friend” “expected” this level of interest?

Then should this end up in court, they would need to persuade them that was a genuinely held belief.

[Pica-Pica]

PhilkSVR said:

Not much of a friend…

The saying goes:
‘If you lend £20 to a friend, and they never hear from them again, it is £20 well spent’

[Austin_Metro]

Vron said:

This is what I mean - as the money is not 'wrongful' does this act apply?

Doesn’t fall within that definition of wrongful.

This is a civil matter (not criminal) and his cause of action is restitutionary. Money paid by mistake.

But there’s no point suing him if he has little or no money.

[jondude]

I would think the best idea is of course to go around and hammer out a deal to get the balance back.

Failing that and depending on how much of a Bruce Lee he is (and you are) I'd become my own bailiff and start emptying his house of things you can sell. In these cases the one who took the money often suggests that anyhow, as you will invariably find the telly, furniture and goldfish bowl you get only get you £200 anyhow.


Best to meet up, keep cool and try to hammer out a payment plan. Maybe get it in writing.

[silentbrown]

Misread that as this first time!

jondude said:

I would think the best idea is of course to go around with a hammer to get the balance back.

[jondude]

silentbrown said:

Misread that as this first time!

jondude said:

I would think the best idea is of course to go around with a hammer to get the balance back.

[BlackTails]

Vron said:

Not me.

Someone has sent £3000 using a banking app instead of £300 to a 'friend's' account.

Friend has now stopped replying to messages.

Is this a civil small claims court job now?

People are quoting the 'Theft act 1968' 'keeping a wrongful credit' saying its a police matter and to phone the police.

Ignore the people referring to the Theft Act. The police will treat this as a civil matter so forget the criminal law.

If the payee refuses to refund what was not due, the claim is one for money had and received (in modern terms, restitution of money paid under a mistake of fact). A change of position (by the payee) is a defence - this means spending the money in the ordinary course of things, not blowing it on a holiday.

If the payee genuinely doesn’t have the money to repay, then in practical terms it’s game over.