Any Solicitor types... Bank mistakenly deposited money...

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dancingsilverback

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A friend has recently discovered that their bank has put several thousand pounds into their account, well the bank are saying its a mistake. they werent sure so just withdrew the money and spent it.

Now the bank have drawn this to the attention of said friend, they have offered an interest free loan to repay the money, very nice of them. However, unconfirmed, it appears the mistake arose due to either someone mistakenly filling out a form with the incorrect details, or a bank employee keying in a wrong digit.

Either way the bank has said the recepient customer has been re-imbursed so joe public is not losing out. My friend thinks its a bit strange the bank have offered an interest free loan and has yet to decided on course of action.

My friend has also seen several court cases with similiar circumstance. My friend is wondering that as he did not know the money was his and it was not made apparent till two months afterwards coupled with the banks willingness to be overly nice about the whole matter whether to tell them to fook off or not?

Any accurate legal analysis or experience welcome! All advice received gratefully, and i shall pass it on!
 
This has happened loads of times before and the position is clear.
It isn't his money. He has to give it back. He's bloody lucky the bank aren't demanding it all immediately.
He must be a bit thick or incredibly rich to not wonder how he got several thousand richer overnight.
Ask him how he'd feel if the bank mistakenly took several thousand out of his account. Would it be alright to not reimburse him cos it was a mistake?
 
Well there is a legal case involving a bank depositing money into a bank account and the customer spent it. The amount the bank deposit was more or less what the customer received on a monthly basis and so she spent it. The case went to court and they found in favour of the customer.

I'll see if I can find the case details.

In essence, if your mate expected that sum of money into their back account (say he was receiving a monthly salary) and spent it, I think (I'm not a lawyer) the bank would have to compensate the person they failed to credit the money too (at their own expense).

If the sum received by your mate is a big sum which he doesn't normally receive, he is going to have to pay it back.
 
Your mate knew full well it wasn't his money, that's why he withdrew and spent it all. You simply don't get a couple of thousand pound added to your account and not know if it's really yours or not. He has to pay it back, simple. He's just lucky that he's being given the opportunity to give it back over a period of time, and interest free. The bank are well within their rights to demand it all, straight away.
 
He should be made to pay it back immediately purely for being stupid :-)
 
ill tell him to fess up.

it was more than 5 less than 10 just for info.

and i ha, mean, he hasnt spent it, all...... yet!

and if you have shares in a bank, a few k isnt going to indent on your investment in a corporation that makes billions in profit. you argue. but it really wont.
 
URG had it spot on. If the money deposited was what the person could reasonably have expected to come into their account and if they spent it then they are considered to have "come to depend" on the money and they would be allowed to keep it - the bank would have to compensate the intended recipient.

If the money is out of the usual then attempting to keep it after the person discovered it could be viewed as an attempted fraud and they could do time for it.

The bank are being incredibly generous offering the loan...
 
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