can bank take money without permission?

[Deleted User]

Wow, self ritghteous, I'm-so-morally-upstanding-and-simply-a-better-person-than-you squares! I bet half of you are the same people always whining about banks stealing money from customers!

[Deleted User]

Just to make it perfectly clear where I stand on this matter; if I had so much as a sniff at the chance to get one over on the banks, I'd be all over it like a tramp on chips.

pimento

Lazyloki wrote: »

Wow, self ritghteous, I'm-so-morally-upstanding-and-simply-a-better-person-than-you squares! I bet half of you are the same people always whining about banks stealing money from customers!

Look at it from the loser's point of view.

What if you had paid a cheque into an account and made a mistake with the number and it had gone into the wrong account. What would you want the bank and the recipient to do?

My son gave the wrong sort code to his new employer by accident and his wages went into the wrong account. He was a doofus and he had a very worrying few days until he found out that the account didn't exist and he got his wages back.

Put yourself in either of those positions and then tell me you'd keep it.

pimento

Lazyloki wrote: »

Just to make it perfectly clear where I stand on this matter; if I had so much as a sniff at the chance to get one over on the banks, I'd be all over it like a tramp on chips.

The bank never loses. The only person you're 'getting one over' on is the poor person whose money you have stolen.

[Deleted User]

pimento wrote: »

Look at it from the loser's point of view.

What if you had paid a cheque into an account and made a mistake with the number and it had gone into the wrong account. What would you want the bank and the recipient to do?

My son gave the wrong sort code to his new employer by accident and his wages went into the wrong account. He was a doofus and he had a very worrying few days until he found out that the account didn't exist and he got his wages back.

Put yourself in either of those positions and then tell me you'd keep it.

That's not how it works though, is it? If the bank makes an error, then they would refund the individual concerned. If you're talking about someone inadvertently making a deposit into an account then I guess that's something different.

Anyway, my argument wasn't so much about the morality of keeping accidentally deposited funds so much as the fact that this forum has some of the most rude people I've ever com accross in my life (lots of kind and helpful ones too I might add).

pimento

How do you know that the OP's cheque wasn't paid into her account as an error by the cheque writer?

ALIBOBSY

Sadly there are some people on here (and other internet sites) who like to act holier than thou and often are just nasty.

TBH we all sometimes post in haste and things sound different "in your head" to on the screen (done it myself I am sure), but there is no need to be rude or insulting and this site clearly states be nice to each other-something many members need to look at again.

The banking code is now not just voluntary it is a legal obligation, and the FOS have pushed for the banks to treat customers more fairly. This means it is no longer acceptable to do something to cause a charge and not give a customer enough notice to be able to correct it. This is why the banks now offer mobile/email/phone notifications to allow you to know straight away if you go OD so you can transfer funds in to avoid charges and most "extra" charges cannot be added there and then as they used to be.

The OP made a mistake and rightly the money needed to be repaid, if he was able to repay the money from elsewhere he should have been given the opportunity to do that and avoid charges.

There has been an error (by the bank or someone they represent) and it would be unfair for any party to profit from that.

The advice most people are given in this situation (money comes in no idea where from) is to put the money in a savings account until the bank ask for it back.

The bank should have written or phoned him on the 2nd and given him say tues 7th (perhaps by the friday if they phoned) to put funds in at latest. If he didn't have the cash to cover it then at that stage quite rightly the bank could say he had taken out an "unauthorised OD" and charge appropriately and that would have been the OP's fault.

The OP should ensure no further charges by clearing money into the account (if not already done) and definately challenge the charges. It is clearly unreasonble for the bank to put you overdrawn without prior notification or your knowledge (if you use a debit card say and go OD they can argue you know the transaction is pending so should ensure you don't go OD) and effectively have 5 days worth of charges because they do it by letter!

Lesson to OP though never trust banks and check your accounts daily.

Ali x

exel1966

Long post, pointless post !

The OP stole. It's a criminal offence, others have been prosecuted for this, there are no excuses. Are you advocating theft?

From the Theft act 1968, 1978, 1996 ;-

"A person is guilty of an offence if:

(a) a wrongful credit has been made to an account kept by him or in respect of which he has any right or interest;

(b) he knows or believes that the credit is wrongful; and (c) he dishonestly fails to take such steps as are reasonable in the circumstances to secure that the credit is cancelled."

dzug1

ALIBOBSY wrote: »

The advice most people are given in this situation (money comes in no idea where from) is to put the money in a savings account until the bank ask for it back.

Poor advice IMV. It gives an impression of intention to keep. (quite possibly unjustified, yes, but how do you tell the difference?)

The bank should have written or phoned him on the 2nd and given him say tues 7th (perhaps by the friday if they phoned) to put funds in at latest. If he didn't have the cash to cover it then at that stage quite rightly the bank could say he had taken out an "unauthorised OD" and charge appropriately and that would have been the OP's fault.

But why, from the bank's point of view? OP has removed the money from his account which indicates a possible intention to keep it. Why give him the chance to remove it from the linked account as well by warning him?

Lesson to OP though never trust banks and check your accounts daily.

Ali x

I wouldn't disagree

Wheres_My_Cashback

TUT tut TUT, Thats very naughty............