sti-04!!

Hi,

I payed off two guys last month & my accountant has stupidly paid them. Having been in contact with the individuals, one has paid it straight back but the other one as below;
His account is over his overdraft limit & therefore cant pay back the full amount. We have spoke to his bank & they stated that the account holder was to contact them direct & give them permission to allow us to recover funds. He has done so & now the bank are stating that as he was overdrawn that they will not release the funds back to us.

Can they do this ? We didnt realise the mistake until i had seen the salary spreadsheet of what had been sent to the bank but tried to rectify it right away.

Does anyone have any pointers ?

I have also written to the bank asking them to release funds back to us.

Seems they are using underhand tactics to recover there debt & not allowing us to recover our money.

Thanks

S

mrtheedge2u2

Are you suprised by this???

Just out of interest, why should the bank give you money if the guy is maxed-out?? It is his debt and not theirs??

sti-04!!

Why wouldnt i be suprised ? To me its underhand tactics to recover someones debt that isnt my problem !!

I just want my money back. Should be straight forward in my eyes.

boxst

Well ... isn't the problem between you and the ex-employee? The bank is just an intermediary who was lucky enough to get some of the cash back via a payment (they don't really care that is was in error). As such I don't think they are obliged to return it.

Steve

sti-04!!

Not really, the ex-employee wants to pay it back but cant as the bank are holding it to recover his debt.

So i see it as a problem between the bank & there account holder if he has a debt with them.

mrtheedge2u2

Understand better now.....

well, I do not know the legal obligation by the bank, so I think it will be a lot of hassle for you to get them to relinquish the money straight away.

You stated that the guy wants to pay you back.... can you take it back in installments?

Spoon

Sti-04, with all the will in the world if your ex employee hasn't got the funds to pay you back, even if he wants to, then the bank aren't going to give it you.

You might well of inadvertently helped the bank out by lowering the guys overdraft but the problem you have is between you and the guy.

If the guy can agree new terms with his bank then you might get it back now, otherwise you'll have to wait until he can actually save up.

jaytc2003

iTrader: (1)

solution is simple, pay your accountant his wage minus the overpayment to your ex employee. Then let the accountant deal with the ex employee and sort out an arrangement between themselves


(does this mean you now have an accountants job going? )

sti-04!!

Believe me, when i see him on Monday he's going to wish he stayed on holiday

sti-04!!

Cheers guys, looks like i am stuffed. I am going to send him out a direct debit mandate & take installments from his account every month.
Probably wont recover much but its worth a try.

GC8

Stephen, what his wife look like.....?

kingofturds

iTrader: (1)

Sleep with his wife, if she is fit that is unfortunately you may have to put this one down to experience. Our company accidentally paid an ex employee for 6 weeks after he left and despite chasing him for months we never saw a brass farthing back

sti-04!!

Simon, even i wouldnt.

Kieran_Burns

iTrader: (1)

think about it... She married an accountant Need I anyone say any more?

GC8

It makes me smile, that you see where Im going.....

stilover

Do you have a legal right to get the money back?

Afterall it was your companies fault (accountants) that this money was paid. Could the ex-employee just not say "your fault, your problem" If it's in his bank he ownes that money.

I suppose if he was on contract work and might be employed by yourself again than paying back the money would be in his long term interest. However if he won't be returning, and if it was me, I'd say tough sh*t, it's mine.

sti-04!!

Spoon

Kieran, I have a puzzle for you.

Stick, end, wrong, of.

Suresh

Sounds like attempted theft on the part of the bank - funds were paid to an account in error and they are refusing to return them.

Lol @ Kieran's married-the accountant-to-get-the-wedge conspiracy theory

cookstar

iTrader: (6)

Hey, my mum married one of those.

sti-04!!

Exactly

Suresh

Suggest you get some legal advice before calling the police though!

Greatnorth

we once paid the wrong amount to a employee called the bank and recalled the BACS payment the same day. It came back to us afer 5 days but obviously it hadnt hit his account yet as it normally takes 2 working days unless you bank with the same bank as you will know

Kieran_Burns

iTrader: (1)

Oooooohhhhh ****. I got carried away again didn't I?







Anyway - back to the original plot. the bank don't have to release the money as it is theirs, not his. HE owes you the money not them.

It's up to him to get the bank to release the funds to you. Either extend the overdraft or grant a personal loan.

Dunk

iTrader: (1)

If you paid via BACS you can recall it without the recipients permission.

D

GC8

I was assuming that it was a cheque payment, or the accountant in question would have known/done this: surely?

GC8

Forget that, he was crap wasnt he?

Devildog

Not if its cleared to an overdrawn account.

Devildog

Its not theft, attempted or otherwise.

The bank recieved the funds to an overdrawn account in good faith. The account is now less overdrawn.

It is therefore not possible to isolate the reciept for the overpayment of wages from any other payments in, or out.

Stephen, your beef is with the ex employee, not the bank, who have (from what you have said) acted entirely properly in this instance.

Suresh

If the same amount came in twice from the same source then it is obviously an error. Nothing 'good faith' about the bank keeping the money.