accidentally refunded twice...

tomwakefield

Legislation regarding Dishonestly Retaining a Wrongful Credit (Theft (Amendment) Act 1996)

Particularly note:

(c) he dishonestly fails to take such steps as are reasonable in the circumstances to secure that the credit is cancelled

such as not informing them about their mistake.

Flyboy152

That section relates to section 15a of the act, now repealed.

tomwakefield

Flyboy152 wrote: »

That section relates to section 15a of the act, now repealed.

It doesn't.

It was added to section 24 " Scope of offences relating to stolen goods." (not 15A "Obtaining a money transfer by deception.") as indicated in the original link

(1)After section 24 of the Theft Act 1968 insert—

Source

Flyboy152

tomwakefield wrote: »

It doesn't.

It was added to section 24 " Scope of offences relating to stolen goods." (not 15A "Obtaining a money transfer by deception.") as indicated in the original link Source

However:

section 24

(8) References to stolen goods include money which is dishonestly withdrawn from an account to which a wrongful credit has been made, but only to the extent that the money derives from the credit.

Which would mean that it would have to be proved that any moneys used from that account came from the transferred credit.

tomwakefield

http://news.bbc.co.uk/1/hi/magazine/6966683.stm

tomwakefield

Flyboy152 wrote: »

However:

section 24

(8) References to stolen goods include money which is dishonestly withdrawn from an account to which a wrongful credit has been made, but only to the extent that the money derives from the credit.

Which would mean that it would have to be proved that any moneys used from that account came from the transferred credit.

Ridiculous, as money isn't divided by source in an account, it's all in one pool without any indication of where a particular £ came from.

Money is still stolen if you don't spend it, but neither can you spend money and say it isn't stolen any more as it's no longer in your possession.

Leif

tomwakefield wrote: »

http://news.bbc.co.uk/1/hi/magazine/6966683.stm

That is somewhat different in that it is not unreasonable that you would notice £135,000 appearing in your account, whereas you could argue that you missed a few hundred pounds, or if each person in a couple was credited with a refund, they could argue that they did not realise both received the money. In other words, one cannot be missed, but the other could be.

halibut2209

tomwakefield wrote: »

Ridiculous, as money isn't divided by source in an account, it's all in one pool without any indication of where a particular £ came from.

Money is still stolen if you don't spend it, but neither can you spend money and say it isn't stolen any more as it's no longer in your possession.

Don't go down that path with Flyboy

tomwakefield

Leif wrote: »

That is somewhat different in that it is not unreasonable that you would notice £135,000 appearing in your account, whereas you could argue that you missed a few hundred pounds, or if each person in a couple was credited with a refund, they could argue that they did not realise both received the money. In other words, one cannot be missed, but the other could be.

The principle is the same, if not the chance of police taking an interest in it.

wimblewomble_2

so, let me get this straight;

when a company puts too much money into your account, it's an "accident", but if a company took too much money from you would you be posting "company accidentally debited me twice", or would you be screaming blue murder?
and accusing the said company of all manner of devious underhand tricks?
would you be one of those people who "wouldn't buy from them ever again"?

what if, next time you wanted to book something from them, they replied they "would never want your business ever again"?

if you believe in treating others as you would be like to be treated, pay it back.
if you believe it's all about being "clever" at the expense of others, keep it. karma. and all that.

I used to read this site with interest and information.
it's now become a pantomime.
oh yes it has.