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  • FIRST POST
    • janet278
    • By janet278 7th Jun 17, 5:33 PM
    • 30Posts
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    janet278
    Getting a refund
    • #1
    • 7th Jun 17, 5:33 PM
    Getting a refund 7th Jun 17 at 5:33 PM
    Hi,
    I would be grateful for some advice. In May I paid an account for a friend. It was late at night and I did the payment online sitting in bed on my tablet. I couldn't have seen very well because instead of paying £89.66 I paid £8966. I contacted my bank the next day but it was too late - the payment had already gone through. I have a large overdraft on my account which I never use, and this must have been why it went through without a hitch. I contacted the company a few times and they said they would look into refunding me. Depending on who I spoke to they said it would take between 5 and 30 working days to do this. I don't have this in writing though and I still have not been repaid. I know that I can take this up with the financial ombudsman but I wondered if it was too soon to do this and if I could be reasonably expected to wait a certain length of time before doing so. I have searched online and can find lots of stories of overpaying credit cards etc. but nothing like what I have done. I surely can't be the only person ever to have done this - embarrassing as it is to admit! Has anything similar happened to you? Do you have any advice for me? Thanks
Page 1
    • angryparcel
    • By angryparcel 7th Jun 17, 5:48 PM
    • 756 Posts
    • 425 Thanks
    angryparcel
    • #2
    • 7th Jun 17, 5:48 PM
    • #2
    • 7th Jun 17, 5:48 PM
    I know that I can take this up with the financial ombudsman
    Originally posted by janet278
    What makes you think that, you made the payment of you own free will. refunds can take upto 30 days, but you are relying on the other company refunding you.
    • janet278
    • By janet278 7th Jun 17, 5:53 PM
    • 30 Posts
    • 3 Thanks
    janet278
    • #3
    • 7th Jun 17, 5:53 PM
    • #3
    • 7th Jun 17, 5:53 PM
    What makes you think that, you made the payment of you own free will. refunds can take upto 30 days, but you are relying on the other company refunding you.
    Originally posted by angryparcel
    The reason I think that is that I don't believe it's legal to keep money paid to you in error. Also, it has been over 30 days.
    • angryparcel
    • By angryparcel 7th Jun 17, 6:05 PM
    • 756 Posts
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    angryparcel
    • #4
    • 7th Jun 17, 6:05 PM
    • #4
    • 7th Jun 17, 6:05 PM
    The reason I think that is that I don't believe it's legal to keep money paid to you in error. Also, it has been over 30 days.
    Originally posted by janet278
    It is only ILLEGAL if they actually use that money. If you paid by card then goto your bank and start a chargeback

    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.
    Last edited by angryparcel; 07-06-2017 at 8:14 PM.
    • DoaM
    • By DoaM 7th Jun 17, 7:54 PM
    • 2,489 Posts
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    DoaM
    • #5
    • 7th Jun 17, 7:54 PM
    • #5
    • 7th Jun 17, 7:54 PM
    As above ... paid online can mean a variety of different things. HOW did you pay? Debit card? Bank transfer?
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • bris
    • By bris 8th Jun 17, 12:23 AM
    • 6,627 Posts
    • 5,649 Thanks
    bris
    • #6
    • 8th Jun 17, 12:23 AM
    • #6
    • 8th Jun 17, 12:23 AM
    It is only ILLEGAL if they actually use that money. If you paid by card then goto your bank and start a chargeback

    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.
    Originally posted by angryparcel
    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.
    • janet278
    • By janet278 8th Jun 17, 5:40 AM
    • 30 Posts
    • 3 Thanks
    janet278
    • #7
    • 8th Jun 17, 5:40 AM
    • #7
    • 8th Jun 17, 5:40 AM
    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.
    Originally posted by bris
    Finally someone with some knowledge of the matter responds! Thank you for this! I suspected it was illegal and I will persevere until I get the money back.
    • DoaM
    • By DoaM 8th Jun 17, 8:34 AM
    • 2,489 Posts
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    DoaM
    • #8
    • 8th Jun 17, 8:34 AM
    • #8
    • 8th Jun 17, 8:34 AM
    As above ... paid online can mean a variety of different things. HOW did you pay? Debit card? Bank transfer?
    Originally posted by DoaM
    As you seemed to overlook it ....
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • janet278
    • By janet278 8th Jun 17, 10:04 PM
    • 30 Posts
    • 3 Thanks
    janet278
    • #9
    • 8th Jun 17, 10:04 PM
    • #9
    • 8th Jun 17, 10:04 PM
    As you seemed to overlook it ....
    Originally posted by DoaM
    Paid online, by bank transfer.
    • angryparcel
    • By angryparcel 8th Jun 17, 10:10 PM
    • 756 Posts
    • 425 Thanks
    angryparcel
    Paid online, by bank transfer.
    Originally posted by janet278
    Opps a bank transfer is just like handing over cash, so you have no protection and just rely on the goodwill of the person who received the money to return it to you
    • societys child
    • By societys child 8th Jun 17, 10:20 PM
    • 4,211 Posts
    • 4,391 Thanks
    societys child
    I know that I can take this up with the financial ombudsman
    I doubt the FO can help. (see above post)

    If they don't refund I suspect the only course of action you could try would be through the courts.
    Last edited by societys child; 08-06-2017 at 10:22 PM.

    • XXSCOTSLASSXX
    • By XXSCOTSLASSXX 8th Jun 17, 10:44 PM
    • 409 Posts
    • 575 Thanks
    XXSCOTSLASSXX
    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....
    • angryparcel
    • By angryparcel 8th Jun 17, 10:57 PM
    • 756 Posts
    • 425 Thanks
    angryparcel
    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......
    Originally posted by XXSCOTSLASSXX
    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
    • By unholyangel 9th Jun 17, 12:23 PM
    • 10,867 Posts
    • 8,125 Thanks
    unholyangel
    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
    Originally posted by angryparcel
    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.
    Money doesn't solve poverty.....it creates it.
    • oj29
    • By oj29 9th Jun 17, 1:33 PM
    • 19 Posts
    • 2 Thanks
    oj29
    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.
    Originally posted by angryparcel
    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.
    Originally posted by angryparcel
    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?
    Last edited by oj29; 09-06-2017 at 1:41 PM.
    • martinsurrey
    • By martinsurrey 9th Jun 17, 1:41 PM
    • 2,895 Posts
    • 3,534 Thanks
    martinsurrey
    No protection? They have legal protection, how about dishonestly retaining a wrongful credit in the 1968 theft act?
    Originally posted by oj29
    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
    • By angryparcel 9th Jun 17, 1:46 PM
    • 756 Posts
    • 425 Thanks
    angryparcel
    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?
    Originally posted by oj29
    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
    Last edited by angryparcel; 09-06-2017 at 1:49 PM.
    • IAmWales
    • By IAmWales 9th Jun 17, 1:54 PM
    • 834 Posts
    • 1,753 Thanks
    IAmWales
    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.
    Originally posted by bris
    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
    • By oj29 9th Jun 17, 2:05 PM
    • 19 Posts
    • 2 Thanks
    oj29
    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.
    Originally posted by martinsurrey
    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
    • By angryparcel 9th Jun 17, 2:19 PM
    • 756 Posts
    • 425 Thanks
    angryparcel
    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.?
    Originally posted by oj29
    regardless to what that link says, the fact its he quotes what 1968 theft act states
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