Ex Owes me money but his wages get paid into my bank

Guest101

Malthusian wrote: »

A complete mess.

If the ex tried to go to court to reclaim his wage payments, and the OP said that he owes her money, has agreed to repay, and the reason he directed his wage payments to her bank account was to pay off the debt, the ex would be in real danger of being laughed out of court, thanks to the fact that he voluntarily chose to have his wages paid to her and didn't tell his employer to change it. (Though if it comes to that the OP should take legal advice.)

If they didn't write down the "agreement to pay me back" it will come down to who the judge thinks is telling the truth on balance of probabilities.

If the ex made a genuine error and mixed up his bank details with the OP's, and the OP refused to hand over the money, it would be theft by finding. But if he consciously chose to have his wage payments paid to the OP there is no chance of that.

It's nothing to do with theft by finding. In fact the theft act has a separate offence of keeping wrongfully credited money.


It would be theft, simple as that. You're given something to hold and decide to keep it.

silvercar

silvercar wrote: »

He's an ex. Tell him to sort out his own bank account.

I'm repeating this ^^^.

At worst he can open a basic bank account with a different bank to one he has ever dealt with before.

Michminx

I've told him all this and he told me he had just missed last months payroll so wasn't expecting to see it this month so he obviously lied!

pinkshoes

Well you need to get him to agree to an amount he owes IN WRITING, as at the moment it looks like you just paid for general everyday stuff for him.

Send him a polite message saying that he owes you £X for all the <stuff - list it> that you bought him, and would he like to pay it in one lump sum, or can you take £200/ month from his wages?

See what he says. Hopefully he will admit the debt.

If he does not give you consent to take his money, then notify him he has 14 days to give his employer his own bank details and you will be transferring his money into his own account.

DO NOT give him any cash. Keep a paper trail.

Do yiu have his own bank account details?

Slinky

Sounds like you're well rid.

suejb2

How does he get his wages out of your account?

Michminx

He expects me to transfer it to his mums account which is what I did last month

Guest101

Michminx wrote: »

He expects me to transfer it to his mums account which is what I did last month

So you're argument of him owing you money, legally, falls short again. If you transferred it before, then you are going to struggle to explain that

Geoff1963

Why can't he get his wages paid direct to his mother's account ? Accepting the wages, so the OP doesn't lose it to his creditors, sounds like acting as a money mule - banks don't like that.

badmemory

Ask your bank to reject the payment before you lose the account due to money laundering.