over payment to my account

teddy96

I need help!!!!
I have recently changed employment and got paid today 20th of october, by last employer and they have paid me twice stating this is for another advisor who has the same name they stated they need my permission to reclaim the money
however i have been advised by individuals that this is there error and i have no legal obligation to repay this money is this true??????
any help would be appreciated
kind regards
teddy

chattychappy

You must return it, no choice.

teddy96

thanks chatty chap wat are the reasons behind that ???

chattychappy

Legally, one way to look at it would be:

You have been unjustly enriched as the money was not intended for you and you have notice of that. Therefore you hold the money on trust (probably a constructive trust) for the sender as beneficiary. Ie you have the money but it doesn't really belong to you. Now they want it back - you control the money as trustee, but the absolutely entitled beneficiary demands its return. They are entitled to require you to deliver it to them, thus closing the trust. (Saunders v Vautier [1841] EWHC Ch J82).

It may also be a contractual obligation with your bank - an entitlement for transactions to be corrected where performed in error. (Though in this case they probably wouldn't need your permission to reverse it.)

Put 6 lawyers into a room and they'll come up with 6 different versions. But all avenues will lead to the same destination. If you don't agree to its return, then you could be sued for it (assuming they can't take it anyway).

cos_2

Or someone made a genuine mistake that needs fixed. And you can fix it. :beer:

jonnyd281

Plus people have been done for theft for keeping and spending money put into thier accounts in error.

exel1966

teddy96 wrote: »

I need help!!!!
I have recently changed employment and got paid today 20th of october, by last employer and they have paid me twice stating this is for another advisor who has the same name they stated they need my permission to reclaim the money
however i have been advised by individuals that this is there error and i have no legal obligation to repay this money is this true??????
any help would be appreciated
kind regards
teddy

Don't be such an a r s e ! What does it matter what the legal stance is on this ? You know it's not yours so just give it back !

hayton2k3

if he dont give it back anyway its possible the company will liase with bank and bank will remove it, if your spent up your account will be major overdrawn.

this happened to my brothers girlfriend.

they were waiting for a grant of £500 and just so happens someone in york put 2x £250 balances in the bank.
they assumed grant and took it out.
only 2 days later they got the real grant in a GIRO and checked bank and money got returned leaving them overdrawn.
luckily they went to bank after cashing giro and sorted it all out.

KingElvis

Yep, you'll have to repy it simple.

redpete

teddy96 wrote: »

I need help!!!!

any help would be appreciated

With (not much) respect you do not "need" help, you want someone to justify you keeping money that isn't yours.

How about turning the question round - why would you not return the money?

You have been told about the mistake, you are able to help them rectify the mistake at no cost and very little inconvenience to you. Why does legality come into it?

How about if you request £100 from a cash machine but then walk off without taking the money, then you immediately realise your mistake and turn round only to see someone taking your money from the machine and walking off. Should they give you the money when you explain what you have done?

[Deleted User]

teddy96 wrote: »

I need help!!!!

Possibly the most apt part of your post.