[*Hector*]

morals are over-rated.. 

 

[colin purewater]

It's called embezzlement

No one could  keep the money it's against the law

[David Salkeld]

It's called embezzlement

No one could  keep the money it's against the law

I wouldn't have thought so Colin. The customer GAVE it in their own online banking.
If it was a "customer not present" card transaction (over the phone) then, yes you would de accused
Of embezzlement.

David

[Simon@ Clearview contractors]

It's called embezzlement

No one could  keep the money it's against the law

Hi Colin, "embezzlement" is too strong a word for this, that suggests fraudulent behaviour/actions and criminality.

This is a personal matter between 2 parties and could only be dealt with in a small claims court.

Personally I'd return the money immedately and make sure the customer tells everyone she knows just how honest and trustworthy you are...you cannot buy this sort of advertising, it's priceless

[colin purewater]

It's called embezzlement

No one could  keep the money it's against the law

Hi Colin, "embezzlement" is too strong a word for this, that suggests fraudulent behaviour/actions and criminality.

This is a personal matter between 2 parties and could only be dealt with in a small claims court.

Personally I'd return the money immedately and make sure the customer tells everyone she knows just how honest and trustworthy you are...you cannot buy this sort of advertising, it's priceless

Hi Simon, what I'm saying is if you keep the money and
Spend some or all of it knowing it is no rightfully
Yours then that Would be embezzlement.

I don't think you would get much advertising out
Of it either as I don't think the custys will
Be telling everyone that they were that dumb
To pay the window cleaner 10k instead of a tenna.
Probley get sacked in a few months coz they so embarrassed
Coz of there mistake.

That is a really daft mistake like   

[Simon@ Clearview contractors]

Sorry Colin, I've gotta dissagree with you there mate.  Embezzlement is an act of deciet(sp?), pre-meditated, planned fraud, usually from an employer.

It's a serious charge in court...

[colin purewater]

Sorry Colin, I've gotta dissagree with you there mate.  Embezzlement is an act of deciet(sp?), pre-meditated, planned fraud, usually from an employer.

It's a serious charge in court...

You been on google Si  I just have and you right
A big if a heavy handed term for what has happened!
Ill  be in the corner   

[g.brookes]

this situation is no different from someone posting 10 grand through your door.  then coming back the next day and saying 'sorry, i didnt mean to post you that money, please can i have it back'.  most people would give it back but you have no legal obligation to do so

[AuRavelling79]

this situation is no different from someone posting 10 grand through your door.  then coming back the next day and saying 'sorry, i didnt mean to post you that money, please can i have it back'.  most people would give it back but you have no legal obligation to do so

Of course you do.

The 10 grand was in (over)payment of a £10 debt. There was no intention to make a gift.

There is so much muppetry posted on this forum! And I should know because I am the author of much of it! 

[shina]

The thing is, the custy didnt really understand how it happened. She didnt owe me any money. She went to pay off part of her morgage and was using an ipad. when she went to highlight the payee she highlighted my company, not to pay but by accident as she is useless on the computer. She said that she never confirmed the payment it just went ahead, when she realised what happened her Hubby had a go at her and she then contacted me.

So really the fault lies with 2 things.
1. The ipad, should have been the samsung tab coz then it wouldnt happen

2. Her hubby. Why would you let your wife play with £10,000 on the internet when she dont know what she's doing?

[Johnny B]

this situation is no different from someone posting 10 grand through your door.  then coming back the next day and saying 'sorry, i didnt mean to post you that money, please can i have it back'.  most people would give it back but you have no legal obligation to do so

Of course you do.

The 10 grand was in (over)payment of a £10 debt. There was no intention to make a gift.

There is so much muppetry posted on this forum! And I should know because I am the author of much of it! 

It's true that there was no intention of making a gift,but also there was no intention of making a loan either. It was a plain and simple mistake,for which there is, as far as I can make out, no legal obligation to repay. It would, however, be morally correct, and the proper thing to do to return it, as no doubt all of us here would not hesitate to do!

John (a fellow muppet).

[Spruce]

I'm with Gold on this one.

I would ask - is the money mine? Yes in was deposited into my account, but that doesn't mean the money is mine.

If a customer accidently overpaid you for a clean, ie 2 x £10.00 notes stuck together thinking it was 1 £10.00 note, is that extra £10.00 note yours? No.

You could be dishonest and keep it. but it doesn't mean its yours.

[ben M]

you don't honestly.  i used to work for a bank dealing with these exact issues.  the customer transferred it to you.  no one can force you to send it back.  they paid the money into your account.  obviously most people would transfer it back but you could just receive the payment, close your bank and no one could do anything about it.  this was actually a major problem when i used to work in this area, having to call up the customer and tell them we cant get their money back.

[davids3511]

Criminal and civil law is getting mixed up here. It wasn't stolen so isn't a criminal matter. It isn't yours either so it is a civil matter and if you were taken to a civil court you wouldn't have a leg to stand on.

What g brooks was talking about with regards to the banks was that when a customer put the cash in the wrong account the bank couldn't/wouldn't give out the details of who the recipient was so you couldn't take a civil case out in the first place.