Legal CASH question

Author
Discussion

pseudo

Original Poster:

5 posts

267 months

Thursday 11th July 2002
quotequote all
Any legal types out there.?

My bank has paid a large sum of money into my limited company bank account and have just realised there mistake. They have written to me asking for permission to take it out of my account.?

Anybody know where I stand legally.? Can I tell em to nob off and spend it.?


CarZee

13,382 posts

273 months

Thursday 11th July 2002
quotequote all
No way dude... they'll sell your arse on the street until you've paid them back.. SERIOUSLY!!

Pete_W

646 posts

269 months

Thursday 11th July 2002
quotequote all
-how large a sum??????

mondeoman

11,430 posts

272 months

Thursday 11th July 2002
quotequote all
Ummm nope - but try n keep the interest...

nigelbasson

533 posts

272 months

Thursday 11th July 2002
quotequote all
I think if you had already spent it then they have a hard time getting it back but as they have told you before you've spent it.....that's a whole world of hurt you are looking at!

plotloss

67,280 posts

276 months

Thursday 11th July 2002
quotequote all
A company I worked for years ago just at the end of March (funnily enough) re-ditributed a load of cash to a load of valeters bank accounts, each one got around £30K!!

Most employees were honest and gave the cash back but 2 of them legged it with the money.

Very funny at the time, but very illegal as well I think.

Matt.

pseudo

Original Poster:

5 posts

267 months

Thursday 11th July 2002
quotequote all


£35,000

spnracing

1,554 posts

277 months

Thursday 11th July 2002
quotequote all
I remember a story about this a couple of years back.

Some working class family suddenly found many thousands appear in their bank account, so they went out and spent it.

From memory the father got several years in jail, which is why it made the news.

M@H

11,297 posts

278 months

Thursday 11th July 2002
quotequote all
was the letter recorded delivery... if not...

...close the account, and go on holiday for a year or so

NikB

1,834 posts

271 months

Thursday 11th July 2002
quotequote all
It would be quite funny to pretend that you have not seen the letter. See how long you can make them sweat for before the manager phones you up!!!

>> Edited by NikB on Thursday 11th July 15:44

pseudo

Original Poster:

5 posts

267 months

Thursday 11th July 2002
quotequote all
But it's sooooooo tempting to swap my Tuscan for a Tuscan R.!!!

The best bit is the money was from the VAT man. I called them and they weren't interested.

>> Edited by pseudo on Thursday 11th July 15:45

JonRB

75,769 posts

278 months

Thursday 11th July 2002
quotequote all
I once had my accountant credit my company's account with a tax refund that was actually meant for another client. Very embarrassing.

He humbly asked for it back, and in the interests of not falling out with my accountant, I returned the money. It was less than £100 though.

Going back to pseudo's dilemma, then its clear that if the bank are asking for the money back, it might be in your interests to do so.
Legally though? Legally I think you could simply say that it was a gift and that you are under no obligation to return it. You may even win, but you'd probably use up the £35k in legal fees, the bank would then tell you they don't want you as a customer any more, and you could find that none of the other banks do either.

However, it does beg the question, what would you have done if they hadn't discovered the error?


>> Edited by JonRB on Thursday 11th July 15:50

Pete_W

646 posts

269 months

Thursday 11th July 2002
quotequote all
quote:



£35,000





....tempting.....isn't it!

CarZee

13,382 posts

273 months

Thursday 11th July 2002
quotequote all
quote:
The best bit is the money was from the VAT man. I called them and they weren't interested.

That's right - the trolls who answer phones at C&E don't give a shite what you tell them on the phone.

The don't listen because they assume you're telling them that you're going to rape their children then cook them at your village fete..

Then they guys behind the scenes find out and you're fcuked.

AFAIK, Customs & Excise have more powers than any other organisation in England - they can come in your house anytime of day or night - no warrant required. They can hold you without charge for much longer than plod can and they can sell your house while you're in custody if you really get on their tits.. with your family still in it.

I kid you not. Don't screw with Customs & Excise.

>> Edited by CarZee on Thursday 11th July 15:51

pseudo

Original Poster:

5 posts

267 months

Thursday 11th July 2002
quotequote all
If they hadn't discovered it I was going to leave it for 6 or so months and slowly take the cash out in reasonable chunks and claim ignorance.

The legal bit is interesting as it's a limted company bank account.

Pete_W

646 posts

269 months

Thursday 11th July 2002
quotequote all
quote:

If they hadn't discovered it I was going to leave it for 6 or so months and slowly take the cash out in reasonable chunks and claim ignorance.



-excellent! No officer, I had no idea there was an extra £35k in my account

Nick M (nmilton)

449 posts

288 months

Thursday 11th July 2002
quotequote all
Oh go on, have a laugh !!

Make the buggers sweat !! Or use it as an opportunity to negotiate a massive reduction in bank charges for the next 12 months !!

Suggs

393 posts

282 months

Thursday 11th July 2002
quotequote all
This happened to me a few years ago and I asked advice. Legally I had to pay it back, so I resisted as long as I could and then returned it minus an "administration fee" along with an invoice. Never heard a peep out of them and it gave me some satisfaction to have given them a taste of their own medicine. Mind you, a "Thank you" would have been nice.

CarZee

13,382 posts

273 months

Thursday 11th July 2002
quotequote all
quote:
This happened to me a few years ago and I asked advice. Legally I had to pay it back, so I resisted as long as I could and then returned it minus an "administration fee" along with an invoice.
Marvellous

ninja_eli

1,525 posts

273 months

Thursday 11th July 2002
quotequote all
If you can still get the money out, then do it and pay them back in instalments over a long period of time. You really didnt check to ensure it was your money as it could have been from customers etc and you have no longer got all of it to pay back. Interest free loan I think is what it'll amount to.