Somebody paid money to my account by mistake by PayPal

UmpaLumpa_2

Ok, so basically that's what happened....

I received a letter today from HSBC saying a person had contacted them as they had entered my account details when sending money from PayPal to bank account in December last year for £1200 and 2 weeks ago for £300.. totalling £1500.

I did remember seeing a large deposit in my account in December, which I put in a savings account until about march/april this year when no one had been in contact, I used it to close a credit card.. and had heard nothing since.

I know this was wrong, but It was kind of an urgency to close the card and this was the devil's option.

Anyway, I stopped using the HSBC account in April and opened up a new account in a new branch due to the stupid fees for this and that, after zero-ing the account.

2 weeks ago £300 was deposited again (I didn't know until I logged on today and saw it sitting there)

anyway.... this letter today from said person stated they wanted all this money back or they would contact the police and their solicitors etc if I ignored this letter/request.

I have written back to the person, saying I can repay the £300 + a bit more then £200 a month 'til paid in full - with a repayment plan I put together - the most feasable option for me and ensuring they get repaid.

I was as honest as I could be.

I spoke to a few people about it, and they told me different options...

1. Pay in full and not survive for a month.
2. set-up a re[payment plan.
3. The bank pays it back and then sets up repayment with me.
4. not my problem, their mistake.
5. go to court and see what happens.

As I say, I proposed an affordable repayment plan to be agreed as yet, but enabling full repayment.

The person stated they would claim against me if I don't respond in 7 days, but I am clearly out of time as I rec'd today on 29th, the bank rec'd on 23rd and they will prob get 30th or 1st my letter.

My question.... can I get in trouble? Can I be liable for anything? and did I really ahve to pay it back?

I've read a couple of posts, but still unaware of what could have happened if I ignored him (not that I would )

UL

Lokolo

If they take you to court they can demand the money back as it never belonged to you, but I would assume its a lengthy process.

I would offer the money back in installments, try and do it through the bank though.

BASFORDLAD

Hmmmm i am thinking two things
New poster so it sounds like could be a bit of trolling......(what with the recent news stories....)

Or if genuine.... Since they paid the money to you by mistake they cant do anything . DPA would stop them getting your details. So it wouldnt go to court. Thier mistake.

Finally they cant issue a CCJ claim against you as they dont have an address on which to serve it:). They cant do a money claim online since they dont know who you are etc....

ITs all bluff!!!

UmpaLumpa_2

well I wrote explaining exactly as above, with a written up agreement signed by me for them to agree to and send me a copy back with their bank details so i can set up standing orders from the 1st of the month.

I trust a bank would be helpful in sorting out these repayments and safer for both parties.

UmpaLumpa_2

and CCJ wise, HSBC have given them enough ammo... account details confirmed, holding branch and my address.... as confirmed on the headed response I sent today to the person.... so I would be in the dumps if I ignored them..

... and there was me thinking free-money

olly300

UmpaLumpa wrote: »

and CCJ wise, HSBC have given them enough ammo... account details confirmed, holding branch and my address.... as confirmed on the headed response I sent today to the person.... so I would be in the dumps if I ignored them..

... and there was me thinking free-money

Nope not free money in that short period. If you have it for 6 years and a day you can get away with keeping it.

I know people who have due to having the same name have had wages and cheques paid into someone else's account. Two months later in one case their namesake had the money taken out of their bank account.

The only court the person can take you to is the small claims court to recover the money as the amount is not a lot.

However if you agree an instalment plan and stick to it there is no point in the person who you owe the money to taking you to the small claims court. As it is more time and agro for them.

In regards to them using solicitors, you are advised if you take cases to the small claims court that the other party will not be responsible for your legal fees.

Extant

To my understanding, most small claims are made without legal advice and without any solicitors being involved.

It's not likely to be speedy though, so I would expect them to accept your repayment plan.

If they don't, I wouldn't suggest flat out ignoring them, but just sending a further letter stating you can't repay it in full and that their options are your repayment plan or small claims court.

The repayment plan is the preferable option. The Bank has made no mistake and is thus unlikely to give you any sort of interest free credit or arrangement in this case, meaning you would need a loan, if you could get one.

agsnu

BASFORDLAD wrote: »

Or if genuine.... Since they paid the money to you by mistake they cant do anything . DPA would stop them getting your details. So it wouldnt go to court. Thier mistake.

Well, theoretically the court could compel HSBC to disclose the details, no?

bengal-stripe

BASFORDLAD wrote: »

New poster so it sounds like could be a bit of trolling…

I think that last comment proves your suspicion right:

UmpaLumpa wrote: »

... and there was me thinking free-money

Tigerlilley1980

I can't believe the bank gave out your address and your bank details to someone other than you. I would eb a bit miffed if my bank did that to be honest!

Pssst

Tigerlilley1980 wrote: »

I can't believe the bank gave out your address and your bank details to someone other than you. I would eb a bit miffed if my bank did that to be honest!

I cant believe it either which is why i smell El Ratto with this poster. I'm as cynical as they come so just say that someone had an idea for a scam that they might like to run. They need input as to the pitfalls of it working so they decide to get MSE readers to troubleshoot it for them. They therefore post a scenario,analyse the feedback and modify proposed scam to address any issues. Hey i know..i have a good imagination.