Bank payment to incorrect person

Deadbeat

eskbanker wrote: »

By deliberately retaining money known not to be theirs, the recipient has committed the crime of theft by finding, of which a number of people have been convicted in similar circumstances. However, knowing that a crime has been committed and actually being able to initiate proceedings and/or recover the funds are unfortunately two different things....

From the relevant legislation:

Retain a wrongful credit

On $date at $location in the county of $county, knowing or believing that a wrongful credit of $amount had been made to an account kept by you or in respect of which you had an interest, dishonestly failed to take such steps as were reasonable to secure that the credit was cancelled

Contrary to section 24A(1) and (6) of the Theft Act 1968.

jonesMUFCforever

We are assuming here that the wrongly credited account has no right to keep the monies - but we have no evidence here do we?
For all we know OP could owe this amount (or more).

Uxb

Deadbeat wrote: »

From the relevant legislation:

Retain a wrongful credit

On $date at $location in the county of $county, knowing or believing that a wrongful credit of $amount had been made to an account kept by you or in respect of which you had an interest, dishonestly failed to take such steps as were reasonable to secure that the credit was cancelled

Contrary to section 24A(1) and (6) of the Theft Act 1968.

Ah
Another one who selectively quotes just bits the law.

A wrongful credit is defined as one arising out of theft, blackmail, stolen goods or fraud.
In this case the originator of the transfer WILLING gave the money to the wrong account without ANY action on behalf of the unwitting recipient so none of these applies and therefore the credit is not 'wrongful' within the meaning of the term.

Edit: We go round this discussion regularly on this forum

eskbanker

Coincidentally this piece from last year was linked on another thread today, in which a recipient of a misdirected payment was "found guilty of dishonesty and retaining a wrongly credited bank transfer", being told that "That [misdirected payment] had nothing to do with you. You didn’t cause that error, but you decided to keep it".

mgdavid

as we see far too often, couple of days later and no sign of the OP.