Accidental Payment TO HMRC...Oh My Goodness

mumcoll

When I spoke to the manager on Wednesday, I asked if the money would be directly transferred to my bank (after the 30 days of course...) - the answer is no, we will post a cheque to you. (More delays!)

He said I could write to them requesting that they do a transfer and not a cheque, gave me the address then said 'However, letters are generally not read for about 4 weeks after we receive them). So, there seems little point in sending a letter that won't be read until after they have (hopefully) sent the cheque out. Their processes really do need looking at!!

Azari

I'm rather surprised at the number of people who have said that someone who accidentally has money transferred to them is entitled to keep it.

Since when does accidentally coming into possession of someone else's property make it yours?

somethingcorporate

Azari wrote: »

I'm rather surprised at the number of people who have said that someone who accidentally has money transferred to them is entitled to keep it.

Since when does accidentally coming into possession of someone else's property make it yours?

But how has it being actively transferred by someone make it "accidental"? The payee has to enter and confirm the details.

It is unlikely they are entitled to keep it but who then has the "authority" to take it back?

It's like me slipping a £5 note to someone on the street and then demanding it back when I realise it was a "mistake".

It would be an awful thing for someone to keep it, I completely agree but both the receiving bank and the receiver of the cash is completely innocent in this so who has the authority to come and take money out of their private account that was legitimately deposited there?

mumcoll

somethingcorporate wrote: »

But how has it being actively transferred by someone make it "accidental"? The payee has to enter and confirm the details.

It is unlikely they are entitled to keep it but who then has the "authority" to take it back?

It's like me slipping a £5 note to someone on the street and then demanding it back when I realise it was a "mistake".

It would be an awful thing for someone to keep it, I completely agree but both the receiving bank and the receiver of the cash is completely innocent in this so who has the authority to come and take money out of their private account that was legitimately deposited there?

The way it happened so easily was because I had a mandate set up from when I had 2 part time jobs and had to complete a self assessment return and paid any tax owing this way. That mandate only required me to 'click a box' and I did this accidentally instead of clicking the box of the mandate for my son's account. I didn't have to go through any screens etc. It was just a click. (A very inconvenient, expensive one!!)

Azari

somethingcorporate wrote: »

But how has it being actively transferred by someone make it "accidental"? The payee has to enter and confirm the details.

How it happened is irrelevant. The fact that it was not intended is all that counts.

It is unlikely they are entitled to keep it but who then has the "authority" to take it back?

Again, that's not particularly relevant. I was just pointing out that people who effectively said that once you've mistakenly given something to someone it's theirs. In the worst case you would have to take them to court for it but it would be pretty stupid on the part of the recipient to let it go that far as they would be almost certain to have to pay the costs.

It's like me slipping a £5 note to someone on the street and then demanding it back when I realise it was a "mistake".

Indeed. And, legally, they would have to give it back.

And the Bank could reverse the transaction. They'll do it quickly enough if you pay for it with a cheque that later bounces. They choose not to for reasons already outlined.

Darksun

Can you Keep Money Accidentally Paid into your Bank Account?

Jakg

Azari wrote: »

Indeed. And, legally, they would have to give it back.

...but at a time convenient to them.

Azari

Jakg wrote: »

...but at a time convenient to them.

Indeed. The point being that the people who were saying they could keep it if they wanted to were misinformed. That doesn't mean it's going to be quick or easy to get it returned.