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Windfall of money

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Hello, I would like to get some assistance on the this situation.
Lets say MR X started to get money from the COMPANY Y where he used work. It looks like it's some kind of the mistake in Y's payroll because X is not working there anymore but he keeps receiving money. The question is does MR X has to return the money to COMPANY Y if they made a mistake in the payroll and send the money to a wrong person.
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  • tattycath
    tattycath Posts: 7,175 Forumite
    Part of the Furniture 1,000 Posts
    minz wrote: »
    Hello, I would like to get some assistance on the this situation.
    Lets say MR X started to get money from the COMPANY Y where he used work. It looks like it's some kind of the mistake in Y's payroll because X is not working there anymore but he keeps receiving money. The question is does MR X has to return the money to COMPANY Y if they made a mistake in the payroll and send the money to a wrong person.
    If Mr X accidentally continued to pay for something (for several months/years)he'd already paid for-due to human error, would Mr X write off the extra money paid or would he want it back? There is your answer, It isn't his money, of course the company will want it back.
    GE 36 *MFD may 2043
    MFIT-T5 #60 £136,850.30
    Mortgage overpayments 2019 - £285.96
    2020 Jan-£40-feb-£18.28.march-£25
    Christmas savings card 2020 £20/£100
    Emergency savings £100/£500
    12/3/17 175lb - 06/11/2019 152lb
  • tattycath wrote: »
    If Mr X accidentally continued to pay for something (for several months/years)he'd already paid for-due to human error, would Mr X write off the extra money paid or would he want it back? There is your answer, It isn't his money, of course the company will want it back.
    When there is another question, does MR X have to return it because there is a law, or can he keep the money because it was Company's Y mistake and law doesn't say anything about getting their money back.
  • tattycath
    tattycath Posts: 7,175 Forumite
    Part of the Furniture 1,000 Posts
    minz wrote: »
    When there is another question, does MR X have to return it because there is a law, or can he keep the money because it was Company's Y mistake and law doesn't say anything about getting their money back.
    I'm only guessing but I would say yes, he has to pay them back-no doubt someone more knowledgeable will be along shortly.
    GE 36 *MFD may 2043
    MFIT-T5 #60 £136,850.30
    Mortgage overpayments 2019 - £285.96
    2020 Jan-£40-feb-£18.28.march-£25
    Christmas savings card 2020 £20/£100
    Emergency savings £100/£500
    12/3/17 175lb - 06/11/2019 152lb
  • Anyone else with different views about the situation? Is there any case there MR X could keep the money without breaking the laws?
  • xylophone
    xylophone Posts: 45,604 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Mr X knows that he is not entitled to the money.
    Keeping it could be construed as theft.
    At some point the company's accounts and payroll will be audited.
    Mr X is likely to find a letter in the post.
    I am sure you know that Mr X should be contacting the company to find out how to refund the money.
  • FLAPJACK
    FLAPJACK Posts: 524 Forumite
    I think Mr X is wanting us to condone Mr X being a theiving !!!!!!.
  • Definition of THEFT:

    To dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it.

    Did he dishonestly appropriate it? Im not sure. Although i think he fits all the other categories.

    Im sure if you look up some Theft related case law it will cover this matter in a previous case in court. I think once it is proved he knew he wasnt entitled to it ie checked his account and then spent it then i suppose he could be held liable.

    If he wants to take the chance then so be it but gotta be prepared to pay it back cos' at the end of the day its not his. :(:(:(
  • I understand the urge to keep any money in these difficult times. But in this case Mr X will hav no leg to stand on when the Company Y ask for the money back.
  • Russe11
    Russe11 Posts: 1,198 Forumite
    or hope company Y goes bust before its noticed
This discussion has been closed.
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