Money by mistake in account

jonesMUFCforever

ihateyes wrote: »

On another note.... Under Data protection a company should only hold your personal details for a reasonable period of time.......
I would question why after 2years of leaving they have not destroyed your bank details and permanently removed them from files/systems.....

If you getting lots of a hassle from them, a letter to the Information Commissioner outling your concerns...:beer:

Who states what a reasonable time is?
I don't think it is quoted in the act so why not 20 years??

ihateyes

jonesMUFCforever wrote: »

Who states what a reasonable time is?
I don't think it is quoted in the act so why not 20 years??

Having not worked for he agency in 2 years would be seen as unreasonable, and they should no longer be holding the data.

They have no use of the data, and it should be destroyed.

pqrdef

Lawpf2001 wrote: »

I think if the payment was made by mistake but with her name as recipient or reference then the bank need permission from the account holder to withdraw the money. But if payment has someone elses name on it, they can withdraw without consent.

They'd better not. Suppose somebody pays me in advance by BACS credit and puts the wrong name on it, deliberately. I don't see that, I only see the credit arrive in my account. I supply them with goods or services accordingly. Months later they phone the bank and say they made the payment by mistake. The bank sees the wrong name and reverses the payment. Where does that leave me?

Anybody who takes payments by standing order has only the bank statement to say who's paid. If payments can be reversed at will, they're sunk.

Lawpf2001

pqrdef wrote: »

They'd better not. Suppose somebody pays me in advance by BACS credit and puts the wrong name on it, deliberately. I don't see that, I only see the credit arrive in my account. I supply them with goods or services accordingly. Months later they phone the bank and say they made the payment by mistake. The bank sees the wrong name and reverses the payment. Where does that leave me?

That was my understanding from when working at Nationwide. But I see your point and guess you're correct.

masonic

ihateyes wrote: »

Having not worked for he agency in 2 years would be seen as unreasonable, and they should no longer be holding the data.

They have no use of the data, and it should be destroyed.

The Limitations Act is set at 6 years, so employers would need to keep records relating to ex-employees for at least that long in case of a legal dispute.

dawyldthing

are you sure its not holiday pay? As i've worked for several agencies and sometimes it takes a while for them to pay holiday pay ect

vanilla175

Thank you to all who replied with advice. There is no way that my daughter is not going to repay the money,our concern was that the bank would take it without notice, as she will need some time to get it together. I checked back over my old emails for the time she was paid and found an email from the company with a wage slip attached so her name will be on the bank credit. I remember she didnt have an email account at the time, but as I get so much spam I dont open anything I dont recognise that seems to be a scam. This email was just titled Wages. Anyway thank you all again and We will take up the suggestion that she sets up a repayment plan.

atush

Talk to the agency, then the bank. When you have confirmed from the agency that the money is not hers, agree toa repayment schedule she can afford, or you can lend it to her and she can repay you- I like the 24.50 per month thing.

As long as she does repay it, she should be ok repaying in installments. Or, er bank could give her a free overdraft in that amt for her to pay off monthly over 6 months?

This sort of thing happens quite frequently, but amny actually keep the money, as the owner of the money can't get their details from the bank due to Data protection and the bank will not assist. In this case the agency knows who sent the money.

magpiecottage

Details of how FOS has dealt with this sort of thing are published here although none of the examples is exactly the same and a FOS decision does not set a legal precedent (nor is a Court decision likely to as it will almost certainly only be heard in a County Court).

However, what goes round comes round so it might be worth writing to the Agency, explaining the situation and that an immediate full repayment is not going to be possible but offer reasonable instalments. Write to the owner of the Agency, who is likely to hang around, not an employee who may move on - that way you have a better chance of a getting the favour returned if you ever need it.

pqrdef

If the payment was accompanied by an email for your daughter saying it was wages, then the agency should write to your daughter and explain that they made a mistake and could they have the money back at her convenience, pretty please.

But they're completely out of order trying to reverse the payment through the bank, and the bank should tell them so and have nothing more to do with it.

Or where will it end? We can all change our minds. I realise now that my lunch was a big mistake, but I can't ask the bank to reverse the payment.