Benguin Posted 10 November 2017 Posted 10 November 2017 25 minutes ago, Rogstanley said: I can’t see how there can be any law that forces people to analyse their bank account (but might be wrong) so I expect you would be able to ‘not notice’ the money going in for as long as you like. Keep the money ringfenced obviously in case they come chasing for it but if it all goes well then after a few years you should be safe. Morally, if this company is doing so well they don’t even need to check their outgoings, or conversely if they’re so cheap they won’t employ someone to check their outgoings then I’d say you’re in the clear. How come the time abroad with the family came to an end? Been thinking about doing a family backpacking trip with a young child ourselves. The law is called unjustified enrichment. An enrichment someone gains, whether noticed or not, is liable to be owed back if it's receipt is unjustified. As op has moved back in he is unjustified in receiving further payments and is 100% liable to pay it back when they inevitably come calling.
ousefox Posted 10 November 2017 Posted 10 November 2017 I'm pretty sure it's also theft if I remember correctly from my criminal law module a couple of years ago. https://www.legislation.gov.uk/ukpga/1968/60/crossheading/definition-of-theft
Rogstanley Posted 10 November 2017 Posted 10 November 2017 17 minutes ago, Benguin said: The law is called unjustified enrichment. An enrichment someone gains, whether noticed or not, is liable to be owed back if it's receipt is unjustified. As op has moved back in he is unjustified in receiving further payments and is 100% liable to pay it back when they inevitably come calling. No doubt if they come calling he should pay it back immediately. What I'm saying is that if he hasn't noticed the payments, and after a few years the company haven't come calling, then it might be safe to say they never will. Especially if like a lot of companies they go out of business. This is all theoretical of course, I would never condone criminal behaviour.
Benguin Posted 10 November 2017 Posted 10 November 2017 2 minutes ago, Rogstanley said: No doubt if they come calling he should pay it back immediately. What I'm saying is that if he hasn't noticed the payments, and after a few years the company haven't come calling, then it might be safe to say they never will. Especially if like a lot of companies they go out of business. This is all theoretical of course, I would never condone criminal behaviour. Think it would be very hard to find any criminal charges here as it's too hard to prove he is intentionally depriving the owner of their cash. but 100% he is liable in a civil court. In terms of keeping it and they may not notice, the length of time needed would be significant. Not 100% sure but I think 6 years minimum to rid any civil liabilities. As someone else said the best option is to put all the money in the best interest bank and make a reasonable attempt to give it back. There was some lad who received several million from an erroneous bank transfer. He obviously had to give it back but he got to keep the interest, can't remember how much but it was several thousands.
ousefox Posted 10 November 2017 Posted 10 November 2017 1 minute ago, Benguin said: Think it would be very hard to find any criminal charges here as it's too hard to prove he is intentionally depriving the owner of their cash. but 100% he is liable in a civil court. In terms of keeping it and they may not notice, the length of time needed would be significant. Not 100% sure but I think 6 years minimum to rid any civil liabilities. As someone else said the best option is to put all the money in the best interest bank and make a reasonable attempt to give it back. There was some lad who received several million from an erroneous bank transfer. He obviously had to give it back but he got to keep the interest, can't remember how much but it was several thousands. I don't know the case law but syphoning off money into a bank account with a good interest rate may be a pretty good indicator he's dishonesty depriving the money from the owner?
Chico1958 Posted 10 November 2017 Posted 10 November 2017 Morals................ Why did god curse us with such things Go or contact your bank and let them know of the error Perhaps they will give you the legal solution However it's not yours and it's probably illegal so you'll end up paying your ill gotten gains back Ps: Hope you enjoyed Central America. 9 months...... Wow
Suzie the Fox Posted 10 November 2017 Posted 10 November 2017 I just know if that happened to me, i'd keep quiet and try to save it, but probably end up spending the lot. Then when the shit does hit the fan be in a right bloody mess not being able to pay it back... Moral to this story is, dont be like me
Nalis Posted 10 November 2017 Posted 10 November 2017 Fess up. They'll enventually figure it out and hit you with a bill whether its this week, month or year. Plus, they might reward your honesty ( big might but still).
Trav Le Bleu Posted 10 November 2017 Posted 10 November 2017 2 hours ago, James. said: Which brag are you referring to? The fact I went travelling for a year, the fact I own property in London or the fact I am being given lots of money for nothing? Some good ideas and suggestions, thanks guys. Although no consensus which isn't helping! I did contact them a few weeks ago to ask them to confirm that the contract had ended which they duly did. It was meant as a subtle (probably too subtle) hint that they hadn't closed my account properly but they didn't take the bait. I really do think they will continue to pay me until the original contract term ends in August next year. Bonkers. I had considered getting their CEO contact details and going that route. I think I know deep down I need to let them know, but when I see my little secret bank balance getting bigger each month it becomes quite hard to press send. Just checking, but your contract was for two years and they agreed to pay that amount regardless of whether a tenant was in situ, if I understand correctly. Perhaps the contract runs for two years, regardless of your return. Which would seem a bit weird, but poorly worded contracts exist. It just a shame that the cost of getting a lawyer to check this would probably cost more than the rent received. If that's not the case however, the money should go back. I'm guessing that you don't desperately need the money, so is it worth it? Ask yourself, do you want to be that person?
davieG Posted 10 November 2017 Posted 10 November 2017 A relative of mine just ordered a coat and 4 pairs of shoes for this family. They now received the ordér twice. He's not sure what to do either. Many years ago a friend of mine ordered a record deck and amplifier and received 2 of each he wrote to them but never heard anything back so he gave them to me and we got many years use out of them.
Strokes Posted 10 November 2017 Posted 10 November 2017 55 minutes ago, ousefox said: I don't know the case law but syphoning off money into a bank account with a good interest rate may be a pretty good indicator he's dishonesty depriving the money from the owner? So long as he paid it back when asked, nobody would push things further.
Benguin Posted 10 November 2017 Posted 10 November 2017 58 minutes ago, ousefox said: I don't know the case law but syphoning off money into a bank account with a good interest rate may be a pretty good indicator he's dishonesty depriving the money from the owner? You might be right bit as long as he tries to give it back then there is only a mens rea, I don't think unintentionally possessing the money constitutes the actus reus of theft.
Guest Posted 10 November 2017 Posted 10 November 2017 You can just wait. If they don't ask for it within a certain amount of time it's yours. If they do you can pay it back - I've never heard of a company asking for and getting interest on their errors. If you've spent it which you shouldn't they'll agree that you pay it back a little over time. Of course if you're an angel you just pay it back but since you haven't already you're no angel - like most people in the real life situation. They are also in a business where lots of people don't pay money they are supposed to and I can promise you that even by going through the courts they often never get any money back even though they are supposed to.
Captain... Posted 10 November 2017 Posted 10 November 2017 36 minutes ago, davieG said: A relative of mine just ordered a coat and 4 pairs of shoes for this family. They now received the ordér twice. He's not sure what to do either. Many years ago a friend of mine ordered a record deck and amplifier and received 2 of each he wrote to them but never heard anything back so he gave them to me and we got many years use out of them. That's an easier one, it is more hassle and expensive than it is worth to collect the goods, check them, process the return, put it back in stock. If they don't say anything don't worry about it unless it is a small family run company.
Dr The Singh Posted 10 November 2017 Posted 10 November 2017 4 hours ago, James. said: Here's mine. I travelled in South and Central America with my wife and daughter for around 9 months between August 2016 and May 2017. During that time we rented out our 2 bedroom flat in London. We signed up to a guaranteed rent scheme with an online estate agent meaning each month the estate agent would pay us a fixed amount regardless of whether the flat was tenanted or not. We signed a 2 year agreement with a break clause that could be activated after 1 year. When we returned to the UK we activated the break clause and subsequently moved back in to our flat at the end of August this year. However despite moving back in the online agent has continued to transfer the same fixed monthly rental amount and has now overpaid me by about 2.5 months rent (likely to be 3.5 months if they transfer the October rent in a few days time). As you can imagine at London rates it is not an insignificant amount of money. I know full well that I should contact them but at the same time there is a little bit of me that doesn't want to (I keep writing the email and then discarding it). It is beyond shambolic that they have continued to pay me and throughout the entire time we dealt with them they came across as amateurish and unprofessional. I don't know why I should help them out when they can't even get the absolute basics right. That said this is obviously not my money. Does anyone have any legal or moral guidance for me? Many thanks. Give me the money that way the moral arguement is finished
Guest Posted 10 November 2017 Posted 10 November 2017 There are so many angels on this thread we should rename the board "heaven".
Guest Posted 10 November 2017 Posted 10 November 2017 You can't keep it, if you spend it you could be committing a criminal offence and it can already be proven that you know you've got it.
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