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Money into your account by mistake - have to give it back?

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Old 04 September 2005, 10:45 AM
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EddScott
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Default Money into your account by mistake - have to give it back?

My GF has had about £200 put into her account by her old employer. She hasn't worked there for about 4 months and left after she complained about a superior and they effectively forced her into leaving for speaking out.

She received a letter yesterday to say they had made the mistake and could they have the money back.

I'm sure some will think its very immoral and not "The done thing" to hold on to the money but after the grief my GF went through with this company she kind of resents having to help them sort out thier mistake.

Anyway, anyone know what the legal issues are over this? I assume if she doesn't give the money back and ignores letters from them, then the next letter will be from thier solicitor threatening court proceedings or police or the like.
Old 04 September 2005, 10:48 AM
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Chip
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I had 2k paid into my account twice instead of once a few years ago. Was told by my solicitor that money was not legally mine but I had no duty to contact them to return the money.

After 8 months the company realised their mistake and asked for the money back which I returned.

Chip
Old 04 September 2005, 10:49 AM
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Petem95
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Yes you do have to give the money back. Hardly worth trying to keep it as its only 200quid, and you might as well give it back before some greedy solicitor makes 250 for sending you a letter.
Old 04 September 2005, 10:57 AM
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EddScott
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Originally Posted by Petem95
Yes you do have to give the money back. Hardly worth trying to keep it as its only 200quid, and you might as well give it back before some greedy solicitor makes 250 for sending you a letter.
Agreed it isnt worth getting too serious about. Would be amusing though to cost her old employer a little money to get it back though.

Assuming she didn't have to foot thier costs.
Old 04 September 2005, 11:15 AM
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Leslie
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Revenge is hardly ever really worth while anyway. Certainly doesn't justify trying to steal the money. It is down to your conscience as well of course, how would you feel if it was the other way round?

Les
Old 04 September 2005, 11:31 AM
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dsmith
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If they ask, then yes you have to give it back.

If its a significant amount and you could have thought it was genuine and have spent it - you must be given the option to pay back over time (e..g salary gets overpaid)

But for £200 just give it back.
Old 04 September 2005, 11:32 AM
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David Lock
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Do they have a sense of humour (I guess not)? If so you could always write tongue in cheek saying that their letter of xx/xx/05 was not received. But yes you will have to give it back, even if it's in pennies....... dl
Old 04 September 2005, 11:43 AM
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Brit_in_Japan
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If they ask for it back, you've got to give it back.

Sometimes you can get lucky. A mate had over £3000 paid into his account by mistake. We advised him to open a high interest savings account, earn a little interest and hand the original amount back if asked. He kept it in a separate account for 3 years. No-one asked for it back so.....
Old 04 September 2005, 11:54 AM
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DPat
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If you had no reason to doubt that the money was yours and have since spent it then you do not have to pay it back i.e. the employer provided a termination calculation and is now saying that is wrong
If the employer provided the calc, but paid the wrong amount, then you have to pay it back.

At the end of the day it is *only* £200 - nothing to someone who runs a scooby!
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