Getting a refund

24

Comments

  • XXSCOTSLASSXX
    XXSCOTSLASSXX Posts: 418 Forumite
    You've said you made the payment for a friend.......What was the payment for? Surely if it's the friends account they should be speaking to the company - and it is quite possible the friend may also receive the refund as they are the actual customer......what contact has the friend had with the company?

    Hopefully it wasn't monthly payment for a loan/credit which had more than £8966 outstanding......
    On the road to financial freedom.... one MSE penny at a time....:T
  • angryparcel
    angryparcel Posts: 926 Forumite
    XXSCOTSLASSXX wrote: »
    You've said you made the payment for a friend.......What was the payment for? Surely if it's the friends account they should be speaking to the company - and it is quite possible the friend may also receive the refund as they are the actual customer......what contact has the friend had with the company?

    Hopefully it wasn't monthly payment for a loan/credit which had more than £8966 outstanding......
    would make no difference as the OP paid by bank transfer, so they have no protection and just rely on the company they gave the cash too being honest and return the overpayment.

    OP says
    I couldn't have seen very well because instead of paying £89.66 I paid £8966.
    so even if it was an instalment payment to say Currys for a TV and the account holder still owed £1000 then the account will have paid off in full.

    but i cant seen any mainstream genuine companies taking payments via bank transfers
  • unholyangel
    unholyangel Posts: 16,863 Forumite
    Name Dropper First Post First Anniversary
    angryparcel wrote: »
    would make no difference as the OP paid by bank transfer, so they have no protection and just rely on the company they gave the cash too being honest and return the overpayment.

    OP says

    so even if it was an instalment payment to say Currys for a TV and the account holder still owed £1000 then the account will have paid off in full.

    but i cant seen any mainstream genuine companies taking payments via bank transfers

    Having no way to recall the payment due to the method used does not mean they don't have a legal claim for its return.

    Plus, the ombudsman have previously ruled in some cases that banks should at least try to recover payments (as it can be possible to recall them if acted upon quickly enough).

    But if it put OP into their overdraft, then that could possibly work in OP's favour. They have quite extensive protection when it comes to extending credit - sometimes even offering protection where people have been grossly negligent.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • oj29
    oj29 Posts: 19 Forumite
    edited 9 June 2017 at 1:41PM
    angryparcel wrote: »
    It is only ILLEGAL if they actually use that money.
    You paid them, it is only their goodwill if they returned the money to you as their is no law to force them to return it as it was you that paid them.
    angryparcel wrote: »
    would make no difference as the OP paid by bank transfer, so they have no protection and just rely on the company they gave the cash too being honest and return the overpayment.

    No protection? They have legal protection, how about dishonestly retaining a wrongful credit in the 1968 theft act?
    Sorry I had to quote that other post too because it's such poor and incorrect advice. If I accidentally drop my wallet containing £500 there is no law to protect me?
  • martinsurrey
    martinsurrey Posts: 3,368 Forumite
    oj29 wrote: »
    No protection? They have legal protection, how about dishonestly retaining a wrongful credit in the 1968 theft act?

    shame you didnt read the conditions in the act.

    only an offence if the credit was derived from

    (a)theft;
    (b)blackmail;
    (c)fraud (contrary to section 1 of the Fraud Act 2006); or
    (d)stolen goods.

    which this wasn't, so useless.

    and theft by finding is only an offence if you find something and assume its abandoned and take it for yourself.

    Again, not the case here.

    OP, court might be the only way, company could claim they suspect it to be money laundering so don't want to return without being told its okay.
  • angryparcel
    angryparcel Posts: 926 Forumite
    edited 9 June 2017 at 1:49PM
    oj29 wrote: »
    No protection? They have legal protection, how about dishonestly retaining a wrongful credit in the 1968 theft act?
    Sorry I had to quote that other post too because it's such poor and incorrect advice. If I accidentally drop my wallet containing £500 there is no law to protect me?
    It is like you goto a fake website and purchase something via bank transfer you have no protection as t like handing over cash.
    Maybe you should read this http://www.moneysavingexpert.com/banking/send-money-wrong-account
  • IAmWales
    IAmWales Posts: 2,024 Forumite
    bris wrote: »
    Well actually if they know it was a mistake (which they do) and still keep the money it's called theft by finding so it is very much illegal.


    People have been convicted and jailed for the same thing, in fact there was one just a few weeks ago who got charged for finding a tenner in a shop and not handing it in. He knew it wasn't his but kept it anyway.

    Theft would require an intention to permanently deprive. There is no suggestion that this is the case here.


    OP, please don't be accusingly someone of theft without being sure of your case. They do owe your money, they are dragging their feet at making the repayment, they have not indicated that you will not get your money back at all.
  • oj29
    oj29 Posts: 19 Forumite
    martinsurrey wrote: »
    shame you didnt read the conditions in the act.

    only an offence if the credit was derived from

    (a)theft;
    (b)blackmail;
    (c)fraud (contrary to section 1 of the Fraud Act 2006); or
    (d)stolen goods.

    which this wasn't, so useless.

    and theft by finding is only an offence if you find something and assume its abandoned and take it for yourself.

    Again, not the case here.

    OP, court might be the only way, company could claim they suspect it to be money laundering so don't want to return without being told its okay.

    Really? Shame on the council then: https://www.wilson-nesbitt.com/news-updates/Criminal/7463/Public-unclear-on-law-on-retaining-wrongful-credit
    Im guessing the £50,000 in that case must've been from blackmail, fraud, etc.?
  • angryparcel
    angryparcel Posts: 926 Forumite
    oj29 wrote: »
    Really? Shame on the council then: https://www.wilson-nesbitt.com/news-updates/Criminal/7463/Public-unclear-on-law-on-retaining-wrongful-credit
    Im guessing the £50,000 in that case must've been from blackmail, fraud, etc.?
    regardless to what that link says, the fact its he quotes what 1968 theft act states
  • oj29
    oj29 Posts: 19 Forumite
    angryparcel wrote: »
    regardless to what that link says, the fact its he quotes what 1968 theft act states

    If you read the link it might educate you to give better advice regarding issues like this in the future. The council wrongly credited her account with £52,000 of which she went on to spend £9,000 of it. She was then charged with dishonestly retaining wrongful credit which carries a sentence of up to 10 years’ imprisonment but she avoided a jail sentence.
    Oh and by the way, dishonestly retaining wrongful credit is covered under the 1968 Theft Act.
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