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£80000 was randomly put into my bank account yesterday. watch

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    (Original post by Masih ad-Dajjal)
    I'm fairly certain banks treat internal errors differently to someone quoting the wrong swift code and the bank correctly sending the money to the wrong place.
    Pretty much everything you've said on this thread has been embarrassingly wrong. Whatever the source of the funds, they do not belong to the OP and he has no basis in law to keep or spend it.

    Section 24 of the Theft Act 1968

    (1)A person is guilty of an offence if—

    (a)a wrongful credit has been made to an account kept by him or in respect of which he has any right or interest;

    (b)he knows or believes that the credit is wrongful; and

    (c)he dishonestly fails to take such steps as are reasonable in the circumstances to secure that the credit is cancelled
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    (Original post by Eggs20)
    I am being serious. How could they charge me with theft?
    Because you will have dishonestly appropriated money that doesn't belong to you. And section 24 of the Theft Act specifically makes it an offence not just to keep or spend the money, but it is also an offence for you not to tell the bank about it.

    (1)A person is guilty of an offence if—

    (a)a wrongful credit has been made to an account kept by him or in respect of which he has any right or interest;

    (b)he knows or believes that the credit is wrongful; and

    (c)he dishonestly fails to take such steps as are reasonable in the circumstances to secure that the credit is cancelled
    Stop being such a whiney, self-entitled little *****; you need to get over the fact that you cannot keep the money.

    I was giving that money
    Actually, you weren't. For someone to gift you the money, they would actually need to have intended to do so. In any case, that is irrelevant; the offence under s24A of dishonestly retaining money that has been credited into your account is very clear
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    (Original post by Eggs20)
    Right so you saying to open an account in another country and transfer the money to there?

    If the bank investigate won't they see that I have taken that money and put it into that account and they will come after me.

    Suppose it would need to be a country that would protect me from the uk authorities if they came looking for me.
    You would be willing to go on the run and move to a country without extradition (i.e. a total ****hole) in order to keep a measly 80k? I guess that would make sense if you're not particularly talented and clever, and thus you don't really have much in the way of career prospects.

    For anyone with anything resembling talent, intelligence, career options... of course they wouldn't screw their entire life for a few years salary.

    That is, of course, assuming that you're not a troll anyway
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    It's very difficult for banks to take money out of your account without your permission, even if they made an error in putting it there.
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    (Original post by SignFromDog)
    Because you will have dishonestly appropriated money that doesn't belong to you. And section 24 of the Theft Act specifically makes it an offence not just to keep or spend the money, but it is also an offence for you not to tell the bank about it.



    Stop being such a whiney, self-entitled little *****; you need to get over the fact that you cannot keep the money.



    Actually, you weren't. For someone to gift you the money, they would actually need to have intended to do so. In any case, that is irrelevant; the offence under s24A of dishonestly retaining money that has been credited into your account is very clear
    Ah I see you have decided to use sexist language.

    Allow me to rephrase for you:
    "Either be the sort of female I approve of or grow a penis."
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    (Original post by there's too much love)
    It's very difficult for banks to take money out of your account without your permission, even if they made an error in putting it there.
    Perhaps you haven't read the arguments made earlier in the thread, but this is getting a little tiresome now. Banks don't need your permission to take something from your account that isn't legally yours.
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    (Original post by there's too much love)
    Ah I see you have decided to use sexist language.

    Allow me to rephrase for you:
    "Either be the sort of female I approve of or grow a penis."
    I have no idea what you mean. Care to elaborate?

    ***** does not automatically refer to women; in fact, it doesn't even refer to humans (a ***** is a female dog) if you want to get technical. So now we've left aside the question of the technical, original meaning, perhaps you can find it in you to concede that in this circumstance it refers to a weak or pathetic individual.
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    (Original post by SignFromDog)
    Pretty much everything you've said on this thread has been embarrassingly wrong. Whatever the source of the funds, they do not belong to the OP and he has no basis in law to keep or spend it.

    Section 24 of the Theft Act 1968
    Fair enough.


    I always assumed that if someone quoted an incorrect code, in the unlikely event it was valid (but belonged to someone else) it was a valid transaction and that the law only covered administrative errors made by the bank.
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    (Original post by there's too much love)
    It's very difficult for banks to take money out of your account without your permission, even if they made an error in putting it there.
    Actually, they absolutely can. In fact, it is a term of pretty much all current account terms and conditions that they bank is permitted to debit funds from your account where they have made a mistake.

    You are embarrassing yourself by playing up to the idea that what the OP is doing (if he is not a troll) is anything more than a straightforward criminal offence under s24A of the Theft Act 1968 and that the bank and the police won't have any problem taking the money back and prosecuting this guy
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    (Original post by Masih ad-Dajjal)
    Fair enough.

    I always assumed that if someone quoted an incorrect code, in the unlikely event it was valid (but belonged to someone else) it was a valid transaction and that the law only covered administrative errors made by the bank.
    Why would you assume that? It makes no sense whatsoever. As a matter of civil law, to keep any money that comes to a person by whatever circumstance (whether through bank credit, or someone accidentally gives them too much money in payment, etc), then to keep it the person needs a legal claim to the money, either because they have a contract where the money is owed, or they have been gifted the money.

    In this case, the OP has no contract with the person who paid it and no gift was made (as a gift needs to be intentional), so as a matter of law the person could simply bring an action in the law of equity for the return of the money.

    And as I said, that isn't even getting into the clear criminal offences involved. People can and have been prosecuted in this situation before

    http://news.bbc.co.uk/1/hi/magazine/6966683.stm
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    I know people who have been in situations with much less money, and as soon as the bank realised, they had to get the money back. This happened to a lot of employees paid wrongly, and those who spent the money already had to pay it back in instalments.
    It's tempting to keep it, and there's nothing wrong with not saying anything - but I'm sure they will figure it out soon enough, and it's not worth risking getting into any debt.
    The best thing to do would be to ring and explain what happened, they'll most likely appreciate you being honest and remove it; therefore removing the temptation to spend it.

    (moving and changing your name doesn't sound terrible, though...)
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    (Original post by SignFromDog)
    Why would you assume that? It makes no sense whatsoever. As a matter of civil law, to keep any money that comes to a person by whatever circumstance (whether through bank credit, or someone accidentally gives them too much money in payment, etc), then to keep it the person needs a legal claim to the money, either because they have a contract where the money is owed, or they have been gifted the money.

    In this case, the OP has no contract with the person who paid it and no gift was made (as a gift needs to be intentional), so as a matter of law the person could simply bring an action in the law of equity for the return of the money.

    And as I said, that isn't even getting into the clear criminal offences involved. People can and have been prosecuted in this situation before

    http://news.bbc.co.uk/1/hi/magazine/6966683.stm
    Honestly, because I once made a significant wire transfer myself and the person working in the bank said that once it has been confirmed there is no way to send a cancellation notice and that if the code is incorrect and it is passed, I simply have to rely on the goodwill of the person to send it back.

    I have no legal background so I just assumed this is how it works


    EDIT: In my mind it makes more sense too since your actions are much more concrete than your intent.
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    (Original post by SignFromDog)
    I have no idea what you mean. Care to elaborate?

    ***** does not automatically refer to women; in fact, it doesn't even refer to humans (a ***** is a female dog) if you want to get technical. So now we've left aside the question of the technical, original meaning, perhaps you can find it in you to concede that in this circumstance it refers to a weak or pathetic individual.
    :facepalm:



    (Original post by SignFromDog)
    Actually, they absolutely can. In fact, it is a term of pretty much all current account terms and conditions that they bank is permitted to debit funds from your account where they have made a mistake.

    You are embarrassing yourself by playing up to the idea that what the OP is doing (if he is not a troll) is anything more than a straightforward criminal offence under s24A of the Theft Act 1968 and that the bank and the police won't have any problem taking the money back and prosecuting this guy
    I'm not saying it wouldn't be a criminal offense, I'm saying it's not a straightforward process, for 80,000 I'm sure they'll go through it, but if it was say, £50 instead, I'm not sure they'd bother.

    When one can resort to videos of Godfrey Bloom in order to show you the idiocy of your argument it makes your claims of someone else being embarrassed by posts on the subject incomprehensibly ironic.
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    (Original post by jimmy_looks_2ice)
    Perhaps you haven't read the arguments made earlier in the thread, but this is getting a little tiresome now. Banks don't need your permission to take something from your account that isn't legally yours.
    No, but it's a lot easier for them if they have it, as I said.
    I know it's great to talk about the theoretical side of it, but there are practical elements involved as well.
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    (Original post by Masih ad-Dajjal)
    Honestly, because I once made a significant wire transfer myself and the person working in the bank said that once it has been confirmed there is no way to send a cancellation notice and that if the code is incorrect and it is passed, I simply have to rely on the goodwill of the person to send it back.

    I have no legal background so I just assumed this is how it works
    The technical considerations of transfers (i.e. that once they are sent, they cannot be easily revoked) is different to the legal considerations. If money is accidentally sent to the wrong account, then the recipient faces criminal charges and civil proceedings if they fail to make good the mistake.

    EDIT: In my mind it makes more sense too since your actions are much more concrete than your intent.
    That still doesn't really make any sense. The law says that for a gift to be valid, it must be intended to have been made to the person. Given a mistaken transfer is not a gift in any sense of the word, either legally or morally, I'm not sure why it would make sense in a situation where someone made a typo and accidentally transferred 500k meant to pay for a house to the wrong person, that it should be considered to be the end of the matter and the recipient gets to keep it. I'm sorry but that's faintly idiotic.
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    (Original post by there's too much love)
    No, but it's a lot easier for them if they have it, as I said.
    I know it's great to talk about the theoretical side of it, but there are practical elements involved as well.
    The practical element is that a bank is almost always contractually entitled to take money from your account if it was deposited by mistake. I think we're all fine with considering the practical elements, but perhaps only when what the person is saying is actually true.

    Your statement was wrong.
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    (Original post by SignFromDog)
    The practical element is that a bank is almost always contractually entitled to take money from your account if it was deposited by mistake. I think we're all fine with considering the practical elements, but perhaps only when what the person is saying is actually true.

    Your statement was wrong.
    Oh well, if you say it is it must be the case.
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    (Original post by SignFromDog)


    That still doesn't really make any sense. The law says that for a gift to be valid, it must be intended to have been made to the person. Given a mistaken transfer is not a gift in any sense of the word, either legally or morally, I'm not sure why it would make sense in a situation where someone made a typo and accidentally transferred 500k meant to pay for a house to the wrong person, that it should be considered to be the end of the matter and the recipient gets to keep it. I'm sorry but that's faintly idiotic.
    So what would happen if someone wired a gift and within a week changed their mind, could you claim it was a mistake?
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    (Original post by there's too much love)
    No, but it's a lot easier for them if they have it, as I said.
    I know it's great to talk about the theoretical side of it, but there are practical elements involved as well.
    I mentioned the arguments made earlier in the thread because it has been detailed at some length, citing the relevant pieces of legislation, that spending the money in this situation is a criminal offence. The OP would be tracked down and arrested for it, and the bank would seize whatever's left of the £80k. That's it. The practicalities aren't the issue here - it's a matter of the law.
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    (Original post by there's too much love)
    I'm not saying it wouldn't be a criminal offense, I'm saying it's not a straightforward process, for 80,000 I'm sure they'll go through it, but if it was say, £50 instead, I'm not sure they'd bother.
    And I was pointing out your claim that banks could not easily take the money back is wrong. Banks are almost always contractually entitled to take sums from a depositors accounts, for a variety of reasons.

    When one can resort to videos of Godfrey Bloom in order to show you the idiocy of your argument it makes your claims of someone else being embarrassed by posts on the subject incomprehensibly ironic.
    What on earth are you blathering on about? What Godfrey Bloom video?

    You are an exceptionally silly individual.
 
 
 
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