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Old 12-09-2009, 2:12 PM   #1 (permalink)
loz
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Would you pay back £2000 paid into your account by mistake?

I know there have been similar threads in the past about bank mistakes, but this one is interesting in that a person accidently paid someone by mistake, but the recipient has never repaid it

BBC NEWS | Business | When click of a mouse cost £2,000

Quote:
She had been meaning to transfer a sum of £2,000 into her savings account.

But, after clicking the wrong box, she accidentally sent the cash to someone she had paid years ago, and whose details had been saved on her account.

But six months on she is still to receive a refund...

The bank concerned, the Alliance and Leicester, says it cannot force the person who received the money to return it.

They tried repeatedly to contact the customer concerned, but "regrettably" that customer has not responded.

A spokesperson told the BBC: "It wasn't our mistake, so we are unable to take any further action".

Furthermore, they would not even tell Claire the name of the customer, because of the Data Protection Act.

That means she is unable to take the case to the small claims court.

The Financial Ombudsman is also unable to help, because her complaint is not against the bank itself.

The police told the BBC it might be possible for them to investigate, but they could not guarantee the Crown Prosecution Service would agree to prosecute.
Surely she, and the bank, and presumably the police all know who the recipient is.

As she had made a payment to the person or company before surely she already knows who they are.

So, I would have thought it straightforward to approach them and ask for the return.

Of course, they can refuse, but then I would think you have grounds for the small claims court.

However, in this case it seems like no one particularly wants to help her - or at least not get involved in something which isn't their fault and no 'crime' as such has been committed.

But if it was you who were the recipient, wouldn't you have given it back?
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Old 12-09-2009, 2:21 PM   #2 (permalink)
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Re: Would you pay back £2000 paid into your account by mistake?

In answer to your thread title, certain professions make it a prerequisite that you show the utmost integrity in your private as well as your professional life
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Old 12-09-2009, 2:58 PM   #3 (permalink)
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Re: Would you pay back £2000 paid into your account by mistake?

could this not be classed as an 'unsolicited gift' , just wondering
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Old 12-09-2009, 3:00 PM   #4 (permalink)
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Re: Would you pay back £2000 paid into your account by mistake?

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Originally Posted by LFC_SL View Post
In answer to your thread title, certain professions make it a prerequisite that you show the utmost integrity in your private as well as your professional life
like a clergyman for example.


(o.k......maybe that's not a good example)
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Old 12-09-2009, 3:02 PM   #5 (permalink)
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Re: Would you pay back £2000 paid into your account by mistake?

In normal circumstances I would give it back, but if an ex-employer who had ripped me off before I left them made the same mistake, I'd keep it.
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Old 12-09-2009, 3:15 PM   #6 (permalink)
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Re: Would you pay back £2000 paid into your account by mistake?

does it not work in the same way as, lets say the person had dropped 2 grand on the street and whoever found it refused to give it back?
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Old 12-09-2009, 4:00 PM   #7 (permalink)
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Re: Would you pay back £2000 paid into your account by mistake?

Interestingly, in cases where banks have accidentally paid too much money into accounts then they have no trouble getting it back.

Likewise if an employer over-pays one its employees - no trouble getting it back.

Likewise where the government have overpaid benefits, they have been able to get some of it back.

So why do the banks take a different approach for it non-commercial customers?

I agree that it is not right to just reverse the transaction on the payee's say so, but it must be pretty simple to bring both parties into arbitration.

Cheers,

Nigel
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Old 12-09-2009, 4:06 PM   #8 (permalink)
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Re: Would you pay back £2000 paid into your account by mistake?

Your examples are all illustrations of how the criminal law operates, whereas this case is different as it does not so neatly fit. Without knowing more of the facts and pending a preliminary police investigation, it is hard to so quickly categorise it in the same way
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Old 12-09-2009, 4:36 PM   #9 (permalink)
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Re: Would you pay back £2000 paid into your account by mistake?

Quote:
Originally Posted by nheather View Post
Interestingly, in cases where banks have accidentally paid too much money into accounts then they have no trouble getting it back.

Likewise if an employer over-pays one its employees - no trouble getting it back.

Likewise where the government have overpaid benefits, they have been able to get some of it back.

So why do the banks take a different approach for it non-commercial customers?

I agree that it is not right to just reverse the transaction on the payee's say so, but it must be pretty simple to bring both parties into arbitration.

Cheers,

Nigel
EXACTLY my thinking...... Still, as LFC_SL pointed out, we dont know the facts of the case, only the womans side of the story.
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Old 12-09-2009, 4:49 PM   #10 (permalink)
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Re: Would you pay back £2000 paid into your account by mistake?

It would be mighty tempting, but being able to to see it's from a personal account (I assume you would be able to) my conscious would get the better of me and I would hand it back. Although a little tip for being so ruddy nice would be more than welcomed.
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Old 12-09-2009, 4:50 PM   #11 (permalink)
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Re: Would you pay back £2000 paid into your account by mistake?

I would pay it back.

Geoff.
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Old 12-09-2009, 5:46 PM   #12 (permalink)
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Re: Would you pay back £2000 paid into your account by mistake?

simple, I would hand it back.
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Old 12-09-2009, 5:49 PM   #13 (permalink)
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Re: Would you pay back £2000 paid into your account by mistake?

I'd like to say I'd hand it back but depending on my circumstances at the time...


I mean, I wouldn't ever spend it on something frivolous but if I had the wolves past the front door and in my hallway at the time I might be inclined to spend it at the time and think about giving it back later. Don't think I could ever spend it conscience free and never think about returning it.

As for handing cash in when found in the street, my sister found £2k one time and handed it in and was rewarded with 10% straight away and was told if it wasn't claimed in a time period (6 months I think) then she would get the rest.
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Old 12-09-2009, 5:49 PM   #14 (permalink)
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Re: Would you pay back £2000 paid into your account by mistake?

If that 2k made the difference between loosing my house or not, im not sure paying it back would be so easy....
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Old 12-09-2009, 5:51 PM   #15 (permalink)
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Re: Would you pay back £2000 paid into your account by mistake?

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If that 2k made the difference between loosing my house or not, im not sure paying it back would be so easy....
What if it meant it made the difference between losing the actual owner of the money or not. I can't believe people would consider keeping it.
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