Hi Phil

I would contact them and let them know, Tell them that you need them to send a paying in slip and prepaid registered postal envelope as you don't have access to your internet bank at present, and that you feel want it signed for that the money has been returned!

That will take the dumb clerk a week or two to set up !!

I am damn sure they actually would.

I think your underlying hatred of this company is clouding your judgment, but hey enough people have pointed this out to you so.

The only difference here is that it was not the bank that has made the error. It is a loan company that has put the money into my account by mistake. I have since found out that the bank won't pay it back to them if the loan company ask for the money back (against the data protection act apparently). They can't take money from my account without my permission.

Therefore the loan company have to make contact with me and request the money back. If they do this I will oblige. I am not going to spend the money or anything stupid like that! But in the mean time why should I point out a mistake to them that they made, because, if the shoe was on the other foot I am damm sure they wouldn't inform me if I made an overpayment or accidently deposited money into their company account!!!!!

If i was you i would pay it back  there has been a case in the mail today of an abbey customer receiveing an extra £135000. into her bank account and she spent it - she is likely to go to prison for a maximum of 10 yrs if proven that she kept it knowingly and is found guilty and in my experience the bank are legally allowed to claim it back same as if the bank fill the wrong cash machines with the wrong denomination notes and you take more than you asked for ie asked for £10.00 and it gives you £20. they will claim it back

so be careful

Well, although it is wonderful to think you are £9,000 richer due to someone else's mistake, I think my conscience would inevitably cause me to let them know about it.   I always think that what goes around comes around so perhaps you might lose on the swings what you have gained on the roundabout (always in some completely unexpected way, in my experience).   

Not my place to moralise but, in law, I think you do not have a leg to stand on if you said you hadn't noticed it or you spent it by mistake, etc. etc. so if the mistake is noticed, you may have to borrow more to pay it back.  Those with more knowledge than me on the subject will be able to comment on that.

 The world cruise sounds inviting though, maybe I could drown my conscience!!?

All the best,

Verity

Cutchie:

Well it may or may not be theft as the definition of theft is as follows

The Theft Act 1968 Section1 (1) states that a person is guilty of theft if: he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.

Make of it as you will. 

theft can be made by omission, so by not telling then, you are appropriating the money because you'd be keeping it, and as your not meant to have it, it's dishonest, and by not giving it back, your displaying an intent to keep it permanently. there's loads of case law to back this!

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Hi Backfoot

Apology accepted ... obvioulsy a bit cranky on a monday morning, must need the second cup of coffee!

Hi Fred,

Wow don't take it so personally and sensitively.My comments were not aimed at your posting whatsoever.Indeed you did what I am advocating in contacting the company concerned.

I can't believe anyway that being called 'Daring' is a step outside matter......lol.

Hey Backfoot

I take exception to your post... What am I supposed to do . I told them the money wasnt mine. I dont know who to give it back to. As soon as they some to their senses and wake up they can have it back with Pleasure. If they don't it not my fault. I tried to tell them within minutes of my discovery, they just were too stupid to do anything about it.

If the person at the call center had been  more helpful , they should have said something like I'll get that lookied into, if it transpires that the money was infact yours then you will incur a £4.50 charge then I would have gone with it.  As regards pursuing them to take back their money I have much better things to do. I have enough trouble with Barclays just trying to do what I need to do without chasing the Abbey to clear up their mess as well. I apologise to the person missing  £2K , but if the Abbey wont listen I'm not wasting my breath.

When The Abbey do realise then I shall very politely tell them that I informed them of their error on the 11th June and perhaps they had better review their internal systems, and they can have their money back immediately. In addition if  my account going overdrawn  whilst  I transfer £2K back into it then I expect them to waive all charges and interest .

Abbey cannot legally take the money out of my account without my permission even though it is in error. I wont do anything stupid like get them to take me to court for it but Im not going to be running round after them either.

As RGB  knows if  it this was Barclays ...........

Any serious research of the subject shows that you have no legal right to the money.Most likely would be a civil claim for recovery but possibly you could face criminal prosecution under the Theft Act.

I suspect the various 'encouraging' replies you have received are based on daring rather than substance and some sort of romantic ideal to screw the rich financial organisation.I fear you started yourself with this idea.

If this had never happened you would be no worse off. Perhaps you will benefit in some small way,maybe some  interest as some have suggested,maybe the full amount if you are incredibly fortunate. Whichever way,you will always have to grapple with your conscience and it will probably never leave you.

Return the money,first thing tomorrow and start to get back to normal.

A friend of mine had £12,000 put in the account and when she called them to tell them, they were unsure of where it had came from and they wrote to her saying that they would investigate but if they don't find anything within 14 days, they would let her keep the money.

On the last day, they found it was an 'administration error' and had to trace it back to where it was supposed to be. I don't believe someone would just put £12,000 in an account and it not be registered as missing!

So, in answer to your question, I do believe there is a certain period after which the money is yours. Ask the bank and get a clear conscience like ol Webfred!

Hi Phil

Its obviously the thing at the moment.

The Abbey put £2000 in my business account on 7th June. I check the account every couple of days and discovered it. Being an honnest kind of sole I rang them and told them that £2k had appeared. They told me that it was a counter credit and to investigate where the money have come from would I incurr a £4.50 charge.

Needless to say I told them a) it wasnt my money and b) Not to bother,... I knew it wasnt mine and I wasnt going to pay £4.50 to prove it.

1 Month of high interest later ,  I have 2K and a clear conscience!!

I would suggest you try to give it back, maybe you'll get the dumb clerk too!!!

My bank has largely been excellent. They did try and charge me excessive commission on some investment advice once but I just refused their product as a result.Over the years,as a borrower and now a saver,I have largely been treated with courtesy and respect.

So your bank lent you some money at your request. That seems more like good service to me not an excuse to help yourself to another  £9k following an administration error.I do get irritated by poor customer service and maybe you have experienced that,at their hands, but I think its quite a leap to then punish them by nicking £9k.

Aren't you in the slightest bit worried about it? You must be or you wouldn't have written here ?