would you do it?

[TdC]

I read in the dutch news, that a mistake in a bank account number has cost someone a large amount of money.

Apparently some guy tried to give his son a gift of some 43000 euros, about 39000 pounds. Due to a mistake he made, the money was transferred to some woman, who promptly used the dosh to pay off her gambling debts and purchase a new car.

Now my question is not how this is possible (banks are usually quite careful with large amounts), or why the fellow didn't twig his son failed to receive the cash (such things are easily verified) nor why the man failed to have the money transferred back at once....


....but....


if 39000 pounds magically appeared in your bank account, would you spend it regardless of the fact that you were probably quite aware that no good would come of it?

please note, the poll is anonymous

 

[nath]

Not a chance. Not so much because I'm a wonderfully decent human being (hah!) but that I'd figure chances are high that I'd have to return it and then I'd be totally fucked.

 

[Tom]

Nope, not a chance. I wouldn't exactly alert the authorities though.

 

[Thadius]

Id give it back. I'm not a theif, nor am I dumb enough to think "zomg, Im rich!" and not question where the money came from.

 

[Fast]

I would blow it on HeliHarlets and if I got locked up, I would be smiling

 

[TdC]

I can't get my head round the fact that the woman actually spent most of it. Also, and what I *really* don't understand is that the man has a court order to get her to sell the car, and he stands to merely get the unspent remainder of the cash, and whatever the car brings when it's sold, and that the procedure may take up to a year to finalize o0

 

[tris-]

wouldnt it amount to theft or possibly fraud?

 

[rynnor]

wouldnt it amount to theft or possibly fraud?

Not really - the guy paid it into her account - assuming she did nothing to cause this (which seems the case) then she has comitted no crime by keeping it - usually such mistakes are discovered quickly and rectified by the bank before the beneficiary realises they temporarily gained.

I am somewhat surprised the court ordered it paid back - maybe there are some laws around mistaken payments in that country?

 

[MYstIC G]

It'd get withdrawn.

 

[Chilly]

wouldnt work in this country, you'd be made to pay it back and spending it would be simple theft. shame People should pay for their mistakes.

 

[tris-]

"A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and “thief” and “steal” shall be construed accordingly."

"Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as owner."

"Property” includes money and all other property, real or personal, including things in action and other intangible property."

" (1) A person’s appropriation of property belonging to another is not to be regarded as dishonest—
(a)if he appropriates the property in the belief that he has in law the right to deprive the other of it, on behalf of himself or of a third person; or
(b)if he appropriates the property in the belief that he would have the other’s consent if the other knew of the appropriation and the circumstances of it"

she must assume the money has an owner.
money is property
to me, her situation would not appear to be 'not dishonest' so it could well be dishonest.

hence theft imo!

 

[nath]

Money ain't got no owners, only spenders.

Sorry tris, looks like you're wrong there bud, Omar tells it like it is yo.

 

[tris-]

the what now?

wire?

 

[ECA]

What doesn't make sense to me is that if the BANK gives you £100k by accident and you spend it you will get bent over royally and fucked in the anus, but if someone else sends you the money it's an oops your fault gl w/ that type of situation.

Why is there a difference?

 

[Scouse]

I'd neither spend it or give it back. I'd invest it until someone came looking, then give it back and pocket the interest.

 

[Bahumat]

I'd inform the bank for the same reasons as Nath.

I remember reading about this American who had about 1 million pounds put into his bank. There was a rule that if he told the bank about this and no one did anything after 30 days, he could keep it (I read this a few years back so im sketchy on the details).

He withdrew the money and put it into a safety deposit box and told the bank "Send me an apology for the inconvenience and you can have it back". They did not want to apologise and threatened him, however after contacting some shit hot professor at a Uni (who wrote a book on this sort of thing) he found out the money was legally his!

After countless threats he got in touch with the bank owner and asked for a written apology. They kept saying "give us the money first" and he kept telling them "NO!".

He never spent a penny of the money and eventually the bank apologised. He gave the money back and I think some sort of rule/law was setup to stop this happening.

If anyone knows the story I refer to, please could you post a link?

Edit: I think he was given a cheque and cashed it.

 

[tris-]

anyone care to discuss how it wouldnt be theft under the definitions up there?

 

[Chilly]

in the UK it is.

 

[caLLous]

What Scouse said, hope I could have it sitting somewhere long enough to generate some interest then give it back if someone came looking. But as Tom said, I wouldn't exactly sprint to the bank to let them know about it. Have to assume that the mistake would be noticed within days though so not much chance for interest accruage.

I'm an opportunistic bastard though so I definitely wouldn't tell anyone about it.

 

[Yoni]

Id give it back immediately.

Today a wonderous thing happened I was rushing for the train to get to schiphol and I dropped 15 euros (obviously I didnt realise)... before I gould get on the train a young man (ie early 20s) chased after me to return it...... he renewed my faith in humanity

 

[old.user4556]

You wouldn't get away with it.

 

[old.Tohtori]

Only if i lived in a country where it's "a-ok" to do so

 

[Ctuchik]

if 39000 pounds magically appeared in your bank account, would you spend it regardless of the fact that you were probably quite aware that no good would come of it?

first i'd make sure its not the BANK thats done wrong in a transfer that were their money, if thats the case they can and will take that money back.

if its some idiot thats just put a number wrong then i'd keep it for sure. not my problem if he cant remember the bank account number.

 

[Ctuchik]

You wouldn't get away with it.

here in sweden you can. so i'd keep it

its only if its the bank themself that fucked up a transfer u can't keep them. but as soon as its not their cash its fair game.

 

[yaruar]

I wouldn't because:

a: it's morally wrong, that's someone elses money, not mine, it's a lot of money and could cause someone else serious hardship.
b: it's illegal here and don't want to end up sharing a cell with someone called Big Dave

I would however transfer it to my savings account and write to the bank to ask if a mistake was made and not touch it for a long time.

Exactly the same advice for anyone who gets overpaid by work, taxmen, bank mistake. keep the cash safe and let them know there was a problem and await the response.

 

[Krazeh]

According to BBC NEWS | Business | When click of a mouse cost £2,000 the situation of accidentally transferring money into the wrong account and then having that person not return it is not as clear cut as some of you believe it to be.

 

[OPTIC]

Spend...

well not spend but id like make people work for it so like run up and mountain and jump of for 1 grand rofl that would be good

 

[old.Tohtori]

According to BBC NEWS | Business | When click of a mouse cost £2,000 the situation of accidentally transferring money into the wrong account and then having that person not return it is not as clear cut as some of you believe it to be.

Hmm, easy mistake?

UK online banking must be a mess because for me to send money to the wrong person would mean;

- Clicking the wrong contact info.
- Me missing the "check the details" bit.
- Me AGAIN missing the details bit when putting in the confirmation code.

It's possible to blindly click on "go go go", but unless the system is a complete mess, it's not an easy mistake

Again; don't know how bad the online banks are in the UK.

 

[Embattle]

Nope since it is still technically illegal thus the police can investigate, the problem was whether the CPS would actually find it worthwhile to prosecute as stated in that recent BBC news article.

This doesn't even then take into account the moral question which naturally will play on quite a few people who happened to be in such a situation.

 

[Dr_Weasel]

there are two different cases being discussed here. The link a few posts above talks about where a woman clicked the wrong payee. I think the original post implies the guys mis-typed the account number.

In the cases of clicking the wrong payee, a valid account name/sort code/account number combo has been entered.

In the original post, the account number would not match the account name. therefore the bank should have not allowed the transfer. Its like trying to pay in a cheque when the payee is not you. Its not allowed.

Id argue tooth and nail with the bank if it was just a case of mistyping the acc.no. and they let it ride...