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Spurious Payment - what to do next...

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    Spurious Payment - what to do next...

    An interesting conundrum has just arisen about which I'd be grateful for views on what to do next.

    My daughter-in-law worked for a company for about six months around 2 years ago. She has since married my son (and changed her name) and moved addresses. But her bank sort code and account number remain the same.

    She has today received a letter (sent to her previous address in her maiden name) from the Managing Director of the company that employed her for 6 months about 2 years ago saying they are sorry but due to a computer error, they have paid £xxx into her account. The money has indeed arrived there.

    They are giving her three options to return the incorrect payment. (1) Cheque to xyz (2) bank electronic transfer to xys (3) Over the counter payment at a bank.

    As I see it there are the following possible responses:

    (1) Roll over, send back a cheque for the full amount and do nothing
    (2) Send them a cheque but deduct £15.00 to cover 'expenses' incurred dealing with the matter
    (3) Ignore the letter, spend the money frivolously (it's a couple of hundred rather than a couple of thousand) and see what happens
    (4) Write back to the Managing Director rather than the other employee mentioned in the letter to whom all enquiries should be directed and ask questions about how the mistake happened in the first place, why did the Data Protection officer not ensure her details were removed from the files as soon as she had left and her final payment made etc.
    (5) Suggest that you have a media person in your pocket who would just lurv to make a story out of it unless they can come to a mutually convenient settlement - i.e. write it off...

    I await with interest the verdict (or other suggestions of a way forward) of the esteemed Board.....

    #2
    I think that the legal position is that if you receive money into your bank account that isn't yours then you are not entitled to keep it.

    Having said that, as they don't know your daughter-in-law's name now or where she lives, and as it is only hundreds, then she could take a punt that they are not going to hire a private investigator to track her down.

    They could possibly go to the small claims court though to get the money and judgement would be made against her in the old name and address and that would show up in the future on a credit check so if it was me I woudn't keep it.

    Comment


      #3
      Definately pay it back - else she might pick up MobileCheese's karma!
      The pope is a tard.

      Comment


        #4
        Yes. Its not hers and they have asked for it back. If she keeps it, it's stealing. Everybody makes mistakes.
        What happens in General, stays in General.
        You know what they say about assumptions!

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          #5
          This is a no brainer, return the money.

          Otherwise you are no better than the looting scum that went to the beach last week!

          Mailman

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            #6
            Originally posted by Mailman
            This is a no brainer, return the money.

            Otherwise you are no better than the looting scum that went to the beach last week!

            Mailman
            Yes she is. The owner of this loot dumped it on her doorstep!

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              #7
              wait until the final demand letter with big bold red letters comes up
              pay only then

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                #8
                Spend it then go on the run.
                Call the cops

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                  #9
                  Respond saying that she already had money in the account, and new (their) money got mixed together, so she does not know which ones are theirs and which ones hers. Naturally they can't expect to have her pay her own money by mistake only because they made their own mistake.

                  HTH

                  Not a Legal Advice

                  Comment


                    #10
                    Originally posted by AtW
                    Respond saying that she already had money in the account, and new (their) money got mixed together, so she does not know which ones are theirs and which ones hers. Naturally they can't expect to have her pay her own money by mistake only because they made their own mistake.

                    HTH

                    Not a Legal Advice
                    A few years ago HSBC paid a refund due to me twice; once in error. Is was about £1200. The wrote to me apologising for their mistake but also they told me it was my responsibility to check my account. Two weeks later they took the money back.

                    A few weeks ago they made another mistake and took £300 OUT OF MY ACCOUNT. They wrote to me saying that it will take them 90 days to rectify the problem.
                    "A people that elect corrupt politicians, imposters, thieves and traitors are not victims, but accomplices," George Orwell

                    Comment

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