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Loan amount received in error!

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Comments

  • TonyMMM
    TonyMMM Posts: 3,433 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    ceecee1 wrote: »
    Dishonestly Retaining a Wrongful Credit


    Title: Financial crime
    Offence: Dishonestly Retaining a Wrongful Credit
    Legislation: S.24A Theft Act 1968 (inserted by 2(1) Theft (Amendment) Act 1996

    Mode of Trial: Either Way
    Statutory Limitations & Maximum Penalty: 10 years imprisonment

    Or just straightforward theft if he spends or even moves the money to another account ....( being aware that the money is not his any such action would satisfy the requirement for dishonest appropriation).

    I suspect that the money will just disappear again though.
  • lee111s
    lee111s Posts: 2,987 Forumite
    Eighth Anniversary 1,000 Posts Combo Breaker
    Give it back and get on with your life.
  • I had a Halifax loan a few years ago that I wanted to pay back very soon, when I took the loan out the sales person said it could be paid back interest free within a month.
    They were wrong! It had to be paid back within 2 weeks to be interest free.
    Pay back asap & don't pay any interest.
  • Hi, I recently called my bank and inquired about a personal loan of 25k (on 13/07/2015). This was approved on the phone and I advised the lady that I do not want the money until I have found the car I want to buy. She advised that the money will not be paid to me until I have signed and returned all paperwork and that I had to do this within 30 days. Anyway today I received a payment of 25k from Halifax into my account! I had actually changed my mind about the loan and have not signed any documents whatsoever. What is my legal standing on this? Obviously they can't hold me to the loan or charge interest on the loan as they have no signed paperwork but can they simply take the money back or will I have a case to keep it?
    Thanks in advance for any advice on this! :)

    Back in the 1970's, I knew someone called Danny Williams. He had some pretty weird ideas too.
    "There are not enough superlatives in the English language to describe a 'Princess Coronation' locomotive in full cry. We shall never see their like again". O S Nock
  • andyfromotley
    andyfromotley Posts: 2,038 Forumite
    Spend it!! Quick!!!

    Then dash off a Provit Letter.

    Changing your name by deed poll will help confuse matters.

    If they eventually manage to get hold of you claim misselling/identity theft/that the world is run by a sinister organisation who are responsible.

    If they persist try bankruptcy.

    If all else fails rob a bank to pay them back - criminality doesn't seem to wobble your moral compass too much so, in for a penny in for a pound!

    Good luck. (oh just a wild guess- the legal advice you sought, that wasn't from like a real solicitor was it??)
    £1000 Emergency fund No90 £1000/1000
    LBM 28/1/15 total debt - [STRIKE]£23,410[/STRIKE] 24/3/16 total debt - £7,298
    !
  • jonesMUFCforever
    jonesMUFCforever Posts: 28,898 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 1 August 2015 at 9:06PM
    All that will happen if OP does not return the money is that after a month a D/D for the monthly repayment will hit his account.
    If the D/D is bounced it will show on his credit files and after 3 months will be in default.
    Collections will follow shortly afterwards a CCJ.

    I hear you say well there is no written contract - well a contract need not be in writing and they will show a court that the funds were sent to OP's account.
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