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money in my bank account not mine??

keli77keli77 Posts: 2,139
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I went onto my online banking on Saturday & noticed that a cheque had been paid into my account on 17th June. It was sitting as pending, with a clearance date of today. I knew I hadn't paid this in & noone has the account details for this account as it is my secondary account, so i phoned my internet banking to query it, as I am sure it is a mistake. They told me it was paid in at my local branch, & said they would contact the branch for more info but as it was Saturday afternoon it would be Monday before I got a call back. They said though that if the cheque wasnt made payable to me then it wouldnt clear today as it is supposed to.
This morning I have checked my account & it has cleared! I spoke to my branch first thing this morning, who told me that they can't tell me who made the cheque out, due to data protection, but they are looking into it & would get back to me when they had some more info.
That was the last I heard, my question is though how long do i give them? I mean I am quite sure its not my money & I have done what I can to try to get this rectified but of course i would love to have the money! & where do i stand legally on this??
Any advice appreciated!

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    [Deleted User][Deleted User] Posts: 2,225
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    keli77 wrote: »
    I went onto my online banking on Saturday & noticed that a cheque had been paid into my account on 17th June. It was sitting as pending, with a clearance date of today. I knew I hadn't paid this in & noone has the account details for this account as it is my secondary account, so i phoned my internet banking to query it, as I am sure it is a mistake. They told me it was paid in at my local branch, & said they would contact the branch for more info but as it was Saturday afternoon it would be Monday before I got a call back. They said though that if the cheque wasnt made payable to me then it wouldnt clear today as it is supposed to.
    This morning I have checked my account & it has cleared! I spoke to my branch first thing this morning, who told me that they can't tell me who made the cheque out, due to data protection, but they are looking into it & would get back to me when they had some more info.
    That was the last I heard, my question is though how long do i give them? I mean I am quite sure its not my money & I have done what I can to try to get this rectified but of course i would love to have the money! & where do i stand legally on this??
    Any advice appreciated!

    Crass question - forgive me - how much are we talking?
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    CruachanCruachan Posts: 7,211
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    You've told the bank that you don't think that you are entitled to the funds - the bank is investigating - if it is not your money you cannot treat it as if it is.
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    [Deleted User][Deleted User] Posts: 2,394
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    As soon as they verify it isn't your money, they'll whip it back out again and won't feel the need to 'phone you to let you know - so make sure you have enough in to cover the sum involved.

    You could ask them to place the money into their 'miscellaneous' account, though they may be a little reluctant to do so (don't ask me why, but I suspect it's because they don't all know the procedure and that it does still create an audit trail which should be fairly easy to follow).
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    keli77keli77 Posts: 2,139
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    bankgal wrote: »
    As soon as they verify it isn't your money, they'll whip it back out again and won't feel the need to 'phone you to let you know - so make sure you have enough in to cover the sum involved.

    You could ask them to place the money into their 'miscellaneous' account, though they may be a little reluctant to do so (don't ask me why, but I suspect it's because they don't all know the procedure and that it does still create an audit trail which should be fairly easy to follow).

    Thanks for that, I will ask them to do that if its still there tomorrow.
    I have no plans to spend the money so its sitting there waiting for them to whip it back! I was just curious, say if in a months or 2 months time & it was still there would it become mine, or could it effectively sit there forever unclaimed??

    For the poster that asked its £250.
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    keli77keli77 Posts: 2,139
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    Cruachan wrote: »
    You've told the bank that you don't think that you are entitled to the funds - the bank is investigating - if it is not your money you cannot treat it as if it is.

    I am not treating it as if it is my money, if i was doing that i wouldnt have been on the phone to the bank twice trying to sort it out! I am just curious as to what will happen with the money!
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    [Deleted User][Deleted User] Posts: 2,394
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    keli77 wrote: »
    Thanks for that, I will ask them to do that if its still there tomorrow.
    I have no plans to spend the money so its sitting there waiting for them to whip it back! I was just curious, say if in a months or 2 months time & it was still there would it become mine, or could it effectively sit there forever unclaimed??

    For the poster that asked its £250.

    I'm not sure regarding guidelines as to how long it would take before it became yours, but as it was a cheque, I assume it will be sorted out far faster than any timeline regarding it being yours...if it was cash, you could potentially be on to a winner! (mind you, the name on a paying in slip would indicate it was not your money whether or not they can trace the recipient, so I really can't give a definitive answer).
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    CruachanCruachan Posts: 7,211
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    keli77 wrote: »
    I am not treating it as if it is my money, if i was doing that i wouldnt have been on the phone to the bank twice trying to sort it out! I am just curious as to what will happen with the money!

    What? Your original post clearly indicated to me that you wonder whether or not you have a legal entitlement to the money. I got that from ...
    I mean I am quite sure its not my money & I have done what I can to try to get this rectified but of course i would love to have the money! & where do i stand legally on this??

    Sorry if I got the wrong end of the wrong stick.
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    keli77keli77 Posts: 2,139
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    Cruachan wrote: »
    What? Your original post clearly indicated to me that you wonder whether or not you have a legal entitlement to the money. I got that from ...

    Sorry if I got the wrong end of the wrong stick.

    I am curious as to if there would be any legal entitlement at any point, but at this point in time I am well aware that it isnt my money, hence why i am trying to rectify it for the poor person who is currently £250 short!

    This is why i was in two minds as whether to ask this on here, there is always someone ready to judge instead of offering the requested advice!
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    CruachanCruachan Posts: 7,211
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    keli77 wrote: »
    I am curious as to if there would be any legal entitlement at any point, but at this point in time I am well aware that it isnt my money, hence why i am trying to rectify it for the poor person who is currently £250 short!

    This is why i was in two minds as whether to ask this on here, there is always someone ready to judge instead of offering the requested advice!

    Sorry that you did not like the advice that you got.
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    keli77keli77 Posts: 2,139
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    Cruachan wrote: »
    Sorry that you did not like the advice that you got.

    I did like the advice I got from bankgal, you however just told me I cant treat the money as my own, which I am not doing!

    I am sure anyone who ended up with an extra £250 in their account would have the thought cross their mind that they would like to have it for themselves, however most people would try to do something about it like I have done!
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    [Deleted User][Deleted User] Posts: 6,683
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    keli77, good on you for asking - I'd have spent it by now! :D
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    83ray183ray1 Posts: 2,963
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    This happens to me all the bloody time! I hate stupid banks! I'm always getting money, sometimes thousands of pounds put into my account! They never bother sorting it out either, so I've got to find ways of spending it :cry:
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    [Deleted User][Deleted User] Posts: 2,394
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    83ray1 wrote: »
    This happens to me all the bloody time! I hate stupid banks! I'm always getting money, sometimes thousands of pounds put into my account! They never bother sorting it out either, so I've got to find ways of spending it :cry:

    If that's the case, it might well be some 'stupid customer' putting the wrong details onto a paying in slip! Or maybe some mysterious benefactor of yours :D
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    clarriboclarribo Posts: 6,258
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    I once had £250 paid into my account by a pubchain who messed up someones wages, I spent it at the time then paid it back when they asked for it... and they gave me £50 to spend in their pub!
    Realise that does not answer your question!
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    keli77keli77 Posts: 2,139
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    clarribo wrote: »
    I once had £250 paid into my account by a pubchain who messed up someones wages, I spent it at the time then paid it back when they asked for it... and they gave me £50 to spend in their pub!
    Realise that does not answer your question!

    Lol no it doesnt really but it does make me live in hope of a free piss up!!!!
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    SiriusSirius Posts: 4,881
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    One Christmas a few years back two family members wanted to buy items from an online retailer with whom I had an account. While neither could afford all of the items (and I had a student loan) I bought the items in exchange for the cash from each.

    Now said company charged me twice - to my slight anger - and after chasing and chasing I got refunded twice after delivery of the goods. Net gain for me - £250. Strange how £250 is a recurring number in here. :D
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    Ja'mie KingJa'mie King Posts: 8,445
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    Things like this never happen to me:(
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    the chimpthe chimp Posts: 12,139
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    Cruachan wrote: »
    What? Your original post clearly indicated to me that you wonder whether or not you have a legal entitlement to the money. I got that from ...

    Sorry if I got the wrong end of the wrong stick.
    Thats how it read to me too.
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    [Deleted User][Deleted User] Posts: 1,381
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    I wish this would happen to me:eek:, mind you I never check my balance anyway:o.
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    PlaccybagPlaccybag Posts: 265
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    keli77 wrote: »
    I am sure anyone who ended up with an extra £250 in their account would have the thought cross their mind that they would like to have it for themselves, however most people would try to do something about it like I have done!

    It happened to me once on bonus week Lloyds TSB paid everyone at our place double, when the missus went to the bank an there was nearly an extra £500 in the account she phoned me and i told her to withdraw it straight away.

    Two days later Lloyds too the money back out leaving me overdrawn, i phoned them stating it was theier mistake and i though it was mine, after pleading poverty :D (i know) they put the money back in my account and turned the £500 debt into an intrest free loan which i paid back a tenner a week.

    We had quite a good week that week :D
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    [Deleted User][Deleted User] Posts: 100
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    The bank I worked in would have been able to look at an image of the cheque the day it cleared therefore establishing if it was yours or not. The person it is ment for will be chasing it up soon enough so I would say by the end of the week it will be sorted.
    Saying that though, the bank I worked for now has all staff annoying customers for sales rather than doing essential customer service stuff hence why I am no longer working for them.
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    gamercraiggamercraig Posts: 6,069
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    josiejojo wrote: »
    The bank I worked in would have been able to look at an image of the cheque the day it cleared therefore establishing if it was yours or not. The person it is ment for will be chasing it up soon enough so I would say by the end of the week it will be sorted.
    Saying that though, the bank I worked for now has all staff annoying customers for sales rather than doing essential customer service stuff hence why I am no longer working for them.

    The one I worked for turned into a shop too so I left as well. My parents bank there and say it has now been revamped and there is now just TWO manned tills and they are around the corner so you can't see them. You are apprehended when you go in and more or less forced towards the paying-in machines.
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    [Deleted User][Deleted User] Posts: 318
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    if the bank find their error which they should they will expect it back.
    But they cannot just debit you. They have to ask your permission to debit your account.If the funds are not in the account when they ask you, you could always ask that you repay at say £25 permonth, citing that you hadnt realised an increase in your balance and it has been spent. The fact you contacted them doesnt help but i doubt they have that on record.

    I would move the funds to a savings account and see what happens
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    JasonJason Posts: 76,557
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    one thing I would do is that if the bank tell you that essentially it's your money then get it in writing.

    you could then argue that you have written proof from the bank that they have investigated it fully and found that the money is yours.

    if they ask for it back after that, you could refuse on the grounds that they can't change their minds after telling you it's yours in the first place.

    and i think it would hold up in court as well as a judge could also feasibly agree that if they've investigated it fully and written to you to confirm that, they can't suddenly change their mind.

    just wish something like that would happen to me :)
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