Received my salary twice?

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  • Ballard
    Ballard Posts: 2,850 Forumite
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    You haven't said how you contacted the various parties. If it were me I would make sure that there was a written record (email/secure messaging) so that there could be no argument that you've acted dishonestly.
    I hate verisimilitude.
  • pinkdalek
    pinkdalek Posts: 1,355 Forumite
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    xylophone wrote: »
    And if the amount is suddenly removed from your current account, will you go overdrawn?

    Nope. Your bank would contact you first and would only return it if you said you had received payment in error. It's no different to anyone of us sending a faster payment in error to a wrong account and then having your bank to see if the receiving bank will return the payment.

    It's awkward as it's your employer, if it turned out to be their error and you'd spent it or wouldn't return it they may be in their rights to deduct it from your regular pay in installments.

    You've done the right think in moving it out, at least this way you have the funds ready to return if it does come to light an error has been made.
  • Shakin_Steve
    Shakin_Steve Posts: 2,701 Forumite
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    There are only two out comes here, Lauren. You get to keep an extra weeks wages, or you have to give it back. You're not going to lose anything, are you?
    Sit tight, girl. ;)
    I came into this world with nothing and I've got most of it left.
  • PeacefulWaters
    PeacefulWaters Posts: 8,495 Forumite
    edited 28 June 2017 at 5:20AM
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    benten69 wrote: »
    Keep it in a savings account for 12 months, if no-one comes for it by then, consider it yours and do what you want. It's what I would do. Doubt you'll ever hear anything if no-one asks for it within the 12 months.

    Oh, and they cannot just take the money back. Reversing a BACS transaction is not straight forward, its not like a direct debit. However if they ask for it and have proof that you were paid in error then you are legally obliged to return it. Until that day comes, don't worry about it, just let it sit.
    The Theft Act may not interpret your twelve month timeline kindly.
  • Chapuys
    Chapuys Posts: 156 Forumite
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    edited 27 June 2017 at 8:54PM
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    Technically, once you realise there has been a payment into your account in error you must contact the bank/payor or could be charged with 'Retaining wrongful credit' under the Theft Act 1968 by not informing them.

    A person is guilty of this offence if
    1) a wrongful credit has been made to an account kept by him or in respect of which he has any right or interest;
    2) he knows or believes that the credit is wrongful; and he dishonestly fails to take such steps as are reasonable in the circumstances to secure that the credit is cancelled.
    Anything I say in no way constitutes financial advice and anything you do is your own decision.
  • IanManc
    IanManc Posts: 2,085 Forumite
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    Chapuys wrote: »
    Technically, once you realise there has been a payment into your account in error you must contact the bank/payor or could be charged with 'Retaining wrongful credit' under the Theft Act 1968 by not informing them.

    A person is guilty of this offence if
    1) a wrongful credit has been made to an account kept by him or in respect of which he has any right or interest;
    2) he knows or believes that the credit is wrongful; and he dishonestly fails to take such steps as are reasonable in the circumstances to secure that the credit is cancelled.

    And yet the consensus on this thread seems to be that the OP has done the "right thing" by moving the money to a savings account - which is well meant, but absolutely lousy, advice.

    As I said in my earlier post, the money needs to be moved back into the account in which it arrived, and then not touched. It isn't the OP's money.
  • bazzyb
    bazzyb Posts: 1,584 Forumite
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    IanManc wrote: »
    As I said in my earlier post, the money needs to be moved back into the account in which it arrived, and then not touched. It isn't the OP's money.

    It isn't the OP's money, but it is the OP's bank account, which they are responsible for managing as they see fit. They have not spent the money, it is readily available and by moving it to another account they have essentially 'ring fenced' the funds to ensure they aren't accidentally mis-spent.

    A third party has absolutely no right to dictate how somebody chooses to manage their bank account. If you were to transfer some funds in to my account for no reason and without my permission, and then tell me that I had to leave the funds there for an undetermined length of time, I'd tell you where to go.
  • Kim_13
    Kim_13 Posts: 2,433 Forumite
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    IanManc wrote: »
    And yet the consensus on this thread seems to be that the OP has done the "right thing" by moving the money to a savings account - which is well meant, but absolutely lousy, advice.

    As I said in my earlier post, the money needs to be moved back into the account in which it arrived, and then not touched. It isn't the OP's money.

    The money has already been moved - if an offence were going to be made out of the fact, it's already complete.

    If anything, moving the money only to quickly move it back would, to me, look as though the OP intended to keep the money but then bottled it.

    The OP would also be committing an offence if the money were moved back and some spent by accident. The majority of people it seems don't find budgeting/keeping on top of balances easy. Why should she put pressure on herself not to make this mistake when the error was not hers?

    If the OP is worried, I would suggest paying bills etc from the portion in the savings account and leaving the second amount untouched in the current account it came into. That way she can't be guilty of anything, as there can be no legal objection to someone moving their wages into a savings account if they so choose.
  • Samsung_Note2
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    Chapuys wrote: »
    Technically, once you realise there has been a payment into your account in error you must contact the bank/payor or could be charged with 'Retaining wrongful credit' under the Theft Act 1968 by not informing them.

    A person is guilty of this offence if
    1) a wrongful credit has been made to an account kept by him or in respect of which he has any right or interest;
    2) he knows or believes that the credit is wrongful; and he dishonestly fails to take such steps as are reasonable in the circumstances to secure that the credit is cancelled.


    Whilst that might be Techinicaly correct...personal experience would suggest its way more complicated than the above suggests.
    No.1 You recieve it and neither the bank or the sender (assuming it shows the sender,in my case it never did over a two year period)..want to deal with it...what do you do..?

    No.2 How do you cancel a credit when you dont know (bank book doesnt show sender and bank will not disclose.

    Bottom line is it can be a very long drawn out process...and then the sender only contacts the bank and requests they contact the receiver and ask them to be as kind to make contact.:(
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    pinkdalek wrote: »
    Nope. Your bank would contact you first and would only return it if you said you had received payment in error. It's no different to anyone of us sending a faster payment in error to a wrong account and then having your bank to see if the receiving bank will return the payment.

    It's awkward as it's your employer, if it turned out to be their error and you'd spent it or wouldn't return it they may be in their rights to deduct it from your regular pay in installments.

    You've done the right think in moving it out, at least this way you have the funds ready to return if it does come to light an error has been made.

    The employer can take wage overpayment back from future payments without any notice or agreement, also it is not covered by the min wage so they can take the lot back even if it means no pay.
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