Would you return the money?

[GottaGetDownOnFriday]

Re: this news story about a cleaner who was accidentally refunded £90,000 instead of £9.
metro.co.uk/2020/09/02/cleaner-sent-90000-by-charity-in-error-let-temptation-get-the-better-off-her-13215404/

Would you have returned the money in her position?

YABU - I would have returned the money.

YANBU - I would have kept the money if I could.

I think I would return it, as it was from a charity so I would feel horribly guilty keeping it and I would worry about getting caught anyway, but I'd probably let it sit in my account for a day or two first whilst wrestling with my conscience.

I'm just curious to see what others would do. I have a lot of sympathy for this woman even though she was clearly in the wrong.

Of course it was theft. She knew it was not a gift and that she was not entitled to the money.

My point is why is it theft when a company pays some one a large sum in error, yet it is not theft if you, or I paid some one a large sum in error.

Here is a case where a man paid 193,000 to the wrong bank account. He did not grt the money back, the police did nothing, and the recipient was not charged with theft.

www.google.ie/amp/s/amp.theguardian.com/money/2019/dec/07/i-lost-my-193000-inheritance-with-one-wrong-digit-on-my-sort-code

@Sarahpaula - but this is a quote direct from the article you linked: “No one is legally entitled to keep money that has been wrongfully credited to their account.“ The issue in that case was that the bank said it wasn’t its mistake or problem to rectify.

My point is why is it theft when a company pays some one a large sum in error, yet it is not theft if you, or I paid some one a large sum in error

Thats awful but in the eyes of the law, he got his money back. The woman in question was ALSO taken to court. Therefore, both parties in this scenario have been taken to court and the money has been returned.

It says in the article "No one is legally entitled to keep money that has been wrongfully credited to their account". I suspect the difference in the cases is due to actions on the part of the recipient. The woman in question deliberately moved the money to accounts in other countries to avoid giving it back and she did not inform anyone the mistake had happened. I'm no lawyer but you could argue this represents intent to de-fraud.

Perhaps the guy n the other case simply waited for the legal process to kick in. I dont know the ins and outs of the law but essentially the message is the same in both cases- you cannot legally keep money that isnt yours and that has been borne out by court cases with both people.

According to the article, he did get the money back. And not only that, Barclays Bank are also paying the price for his mistake.

I’d assume that judges in each of the cases had enough information available to them that we don’t have that the right decisions were made. But either way, a different outcome in a different case doesn’t stop this woman from being a thief.

I would have returned it, but if I am being scrupulously honest, more for fear of the consequences of not doing so than because it was the right thing.

The problem with getting money by mistake is that it’s very hard to prove thought processes. If someone questioned it and was reassured, it would not be unreasonable for them to have spent all or some of it. If the minute it arrives in their bank account, they are transferring it into other accounts without asking questions and are going on a spending spree, they are patently dishonest.

Of course I would return/report it.

I have no sympathy for that woman at all - she is thief, plain and simple.

Disgusting thieving cow.

Really shocked she didn't get a custodial sentence. Absolutely no deterrent whatsoever.

It's not a choice, the money should have been returned.

I think, when she transferred large sums of money, then she became a thief, especially as she hadn’t tried to establish its cause. Maybe she thought that if it wasn’t in her account, then they couldn’t ask for it back. Until then, it was an accidental transfer of money into her account.

I can't see that it's theft. It was their error and their accounts are not her responsibility. But clearly once they noticed the discrepancy, she would have to repay it and by that time she'd spent it.

I would like to think that I would return it.

However, in the moment, I might lose control with having a large sum of money in my account

@katy1213 - link to the Theft Act:

www.legislation.gov.uk/ukpga/1968/60/crossheading/definition-of-theft

Seems like theft to me! Especially as she admitted she was dishonest and knew the money was not hers to spend and distribute.

In fact, especially as she pleaded guilty!

I have no sympathy. Someone might not notice a mistake of a few pounds but £90k is so obviously an error. The fact she started siphoning it into different accounts suggests she knew she’d be asked to pay it back and was finding a reason not to. To be her actions were theft.

I feel sorry for her because she's clearly not well off and didn't actively go out looking to steal money eg by robbing a bank. The money was placed in her account by accident. She should have returned it but I can see why, knowing the difference it would make to the lives of her family, she couldn't resist the temptation to try and keep it.

I would return it. You always end up having to return the money anyway in these cases so why put yourself in debt by spending any

@Tomatoesneedtoripen

she will struggle to find work now,suspended prison sentance.

I doubt it, many jobs don’t bother doing DBS checks.

She should have returned it but I can see why, knowing the difference it would make to the lives of her family, she couldn't resist the temptation to try and keep it

If it was a mistake coming from a bank or amazon, or a large multi national company I would fully agree. But it was from a charity for disabled children, families and their carers. I'm sorry but however way you try cut it, its pretty revolting behaviour. Families on disability benefits are rarely well off either are they?

I would sit for a couple of hours dreaming of all the lovely things I would get dd and myself 😃 then I'd come to my senses and tell them and give it back😢

Only because I don't want to go to jail!

Interesting that the law will support a customer who tried to return money unsuccessfully to a bank. My SIL started a new job and was pleasantly surprised at the tax being taken, he queried it with his new employer and the tax office. No, it was right, he had it in writing from the tax office a few times. Six months later the tax office demanded a huge amount back, they'd decided that it was wrong after all and he had no recourse but to repay it, whoever the error is made by, the tax office always wins.

I doubt it, many jobs don’t bother doing DBS checks.

And you are only allowed (or supposed) to use the information if it’s relevant to the specific role.

I would return it.