Getting back money paid in error

acidrain

acidrain

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Hi guys,

So recently it was brought to my attention that our bookeeper had, in error, paid a former employee twice for the same transaction which was essentially their notice pay and accrued leave.

First point was to ask them that the money was paid in error and if they can eft it back ( R14k ). As i expected though, their response was that they have spent the money already on debt or whatever. They did acknowledge that additional money was received over and above what they should have received so there is no arguing that they weren't aware. I requested their bank statement to back up their claim that they have no funds to pay it back.... no response.

Payment plan is not possible as they are unemployed, or so they claim even though I said it doesn't have to be large amounts so long as there is a structured plan instead of "when i can".

Holding the book keeper liable not an option as it is the directors mother.

Essentially what are the options here. The way I see it is get a lawyer ( for R14k? claim ) or write this off to school fees. I'm pretty sure the cops will not hear this.

Thoughts?
 
acidrain said:
Hi guys,

So recently it was brought to my attention that our bookeeper had, in error, paid a former employee twice for the same transaction which was essentially their notice pay and accrued leave.

First point was to ask them that the money was paid in error and if they can eft it back ( R14k ). As i expected though, their response was that they have spent the money already on debt or whatever. They did acknowledge that additional money was received over and above what they should have received so there is no arguing that they weren't aware. I requested their bank statement to back up their claim that they have no funds to pay it back.... no response.

Payment plan is not possible as they are unemployed, or so they claim even though I said it doesn't have to be large amounts so long as there is a structured plan instead of "when i can".

Holding the book keeper liable not an option as it is the directors mother.

Essentially what are the options here. The way I see it is get a lawyer ( for R14k? claim ) or write this off to school fees. I'm pretty sure the cops will not hear this.

Thoughts?
Click to expand...
Well, you admit the error was from your side. I have a oppisite problem. Paying my munipality bill the operator at the store made a typing error and transfered R20 000.00+ into my mun account(Mainly their money of course). She only realise the mistake afterwards while I was there, so I knew about the mistake. So far I made several attempts plus visits to the branch, but nobody wants the money back yet.....I am waiting still 3 months past...
 
acidrain said:
Hi guys,

So recently it was brought to my attention that our bookeeper had, in error, paid a former employee twice for the same transaction which was essentially their notice pay and accrued leave.

First point was to ask them that the money was paid in error and if they can eft it back ( R14k ). As i expected though, their response was that they have spent the money already on debt or whatever. They did acknowledge that additional money was received over and above what they should have received so there is no arguing that they weren't aware. I requested their bank statement to back up their claim that they have no funds to pay it back.... no response.

Payment plan is not possible as they are unemployed, or so they claim even though I said it doesn't have to be large amounts so long as there is a structured plan instead of "when i can".

Holding the book keeper liable not an option as it is the directors mother.

Essentially what are the options here. The way I see it is get a lawyer ( for R14k? claim ) or write this off to school fees. I'm pretty sure the cops will not hear this.

Thoughts?
Click to expand...
Get a signed acknowledgement. Lawyers fees might not be worth it for such a small amount. No other advise. Might just need to write it off in the end.
Moto Guzzi said:
Well, you admit the error was from your side. I have a oppisite problem. Paying my munipality bill the operator at the store made a typing error and transfered R20 000.00+ into my mun account(Mainly their money of course). She only realise the mistake afterwards while I was there, so I knew about the mistake. So far I made several attempts plus visits to the branch, but nobody wants the money back yet.....I am waiting still 3 months past...
Click to expand...
Transposing errors are easy to make. I just received 2 large unknown deposits into my credit card which looks like EFT transactions. My banker cannot tell me where its from only the bank it was made from. Its not easy to make a mistake paying into a credit card at another bank as its normally from the list of defined accounts and the account number must be exact for it to go through. Currently sitting with R53k in my credit card account that I cannot return and have no idea where it came from.
 
Ask nicely. If he refuses, small claims court.
 
"D" said:
Reading between the lines . . .

. . . or were you simply insinuating that she will henceforth have to pay ... for her own funeral?
Click to expand...

Elaborate on the point you are trying to make?

zerocool2009 said:
Karma is n bitch! The ex employee’s day will come. See it as an expensive lesson
Click to expand...

This is probably it, but get's my blood boiling.
 
acidrain said:
Elaborate on the point you are trying to make?



This is probably it, but get's my blood boiling.
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Does it irritate you that ex employer got too much money or that the bookkeeper isn't being held accountable?

Why worry about it unless you have shares in the company and it's a large amount.
 
backstreetboy said:
Send an invoice with interest added.
Click to expand...

Threat of legal action letter might potentially perk up this donkey.

Make it look as official as possible legally laying out on the invoice what is due to be repaid, make a suggested repayment schedule and then make sure to mention if there is no response to this legal letter in 7 days or whatever you decide then you will move forward with criminal charges.

If the guy completely ignore it then you probably need to write it off but there is a good chance if you do this legal threat well enough that the person will oblige to a repayment schedule or even repay the entire amount immediately.
 
maumau said:
Does it irritate you that ex employer got too much money or that the bookkeeper isn't being held accountable?
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It's a combination of things really relating to this but definitely the later because it wasn't the only error on the day. Also paid an expense claim to the incorrect person who happened to have the same name as the actual person claiming the expense. Luckily they were happy to eft the money back.

Why worry about it unless you have shares in the company and it's a large amount.
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I do have shares. Not a large amount in the sense we can't afford the mistake, but thinking of what the money could have bought is slightly depressing... couple with the fact that in my inbox now sits a ccma referral from said person wanting more money.
 
signates said:
Get a signed acknowledgement. Lawyers fees might not be worth it for such a small amount. No other advise. Might just need to write it off in the end. Transposing errors are easy to make. I just received 2 large unknown deposits into my credit card which looks like EFT transactions. My banker cannot tell me where its from only the bank it was made from. Its not easy to make a mistake paying into a credit card at another bank as its normally from the list of defined accounts and the account number must be exact for it to go through. Currently sitting with R53k in my credit card account that I cannot return and have no idea where it came from.
Click to expand...

Well, put the money into a Tyme Bank Goal Save and then pay it back when someone comes for it and keep the interest? That's what I would do.
 
Knowingly spending money that you have received in error is theft. Criminal not civil action is required. Lay a charge at the police station. Then negotiate settlement in exchange for withdrawal of charge and ccma action (unless ccma action is valid of course)
 
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etwylite said:
Spending money that you have received in error is theft. Criminal not civil action is required. Lay a charge at the police station. Then negotiate settlement in exchange for withdrawal of charge and ccma action (unless ccma action is valid of course)
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That's my understanding of it but the police see it as a civil matter not a criminal matter.

I think your idea on settlement in exchange for withdrawal might be a good avenue to follow. I'm almost certain I won't see that money so might as well make the situation less of a time waste but should that fail then Quovadis does have a good point re using this situation against him.
 
I find a lot of people do not realize that the police HAVE to take your statement and give you a case number for investigation should you even so much as suspect that someone broke the law. It is then up to them to investigate and give evidence to prosecutor to make a decision. They are usually trying to talk People out of laying a charge because they are lazy.
Give your statement of facts. Lay the charge. Get a case reference and refer it to the defendant. Then negotiate.

How to lay a criminal case against someone – Legal Talk SA

www.legaltalk.co.za www.legaltalk.co.za
You can refer them to the NSFAS case ( lady received additional R14million from NSFAS and spent some) to make your point.
 
etwylite said:
Knowingly spending money that you have received in error is theft. Criminal not civil action is required. Lay a charge at the police station. Then negotiate settlement in exchange for withdrawal of charge and ccma action (unless ccma action is valid of course)
Click to expand...

The knowingly part is why a criminal charge would be premature. It could be argued that it was reasonable that the former employee thought the funds received were in lieu of leave or other monies owed due to the termination of employment especially if the employee did not receive notification of the erroneous payment immediately. What you are advising above and "negotiating" is tantamount to extortion.
 
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