Legality of keeping payments made in error?

loc

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Nov 12, 2013
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308
Just curious here, my old job I left 2 months ago is continuing to pay me monthly. After the first time I told them and paid it back. Come this payday they have managed to do it again. I wouldn't keep the money but what is the law in situations like this?
 

Venomous

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Oct 6, 2010
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not sure about the law...
but...

When I paid money into the wrong bank account(eft), I went to the bank.
They said that they are not able to reverse the payment, I had to ask the other person to pay it back, or they can submit a request to said person. The person could then either pay back or just keep the money.
If the person keeps it then It is my problem to get resolved.

Luckly the person paid it back :)
 

froot

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Jun 2, 2009
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If they (the bank) inform you that the money has been paid in error, keeping it amounts to Fraud. This was covered a few times this year.
 

IzZzy

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Feb 17, 2004
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Just curious here, my old job I left 2 months ago is continuing to pay me monthly. After the first time I told them and paid it back. Come this payday they have managed to do it again. I wouldn't keep the money but what is the law in situations like this?

Inform them of their error and request bank details for you to make refund.

Wait 3 years.

Claim as yours due to prescription.
 

The_Unbeliever

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Or just phone your ex-company's CEO and inform him of the matter? :)

I'm sure that will get resolved quicker that way.
 

Paul Hjul

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I had a very odd situation in my 3rd year (2005) about 2 months after opening my bank account R180 odd rand (I actually cannot recall the exact amount) was paid into my account with a rather odd reference. I went to the branch and informed them of this, they said they would investigate. Month 2 came around and the same story went to the bank this time the payment was located with the transport department of the Eastern Cape and that it was for a student allowance. Now I was a student but it was evidently an error of some shape or form. I went to the bank and they sent a fax to the contact details for the account holder that paid.

After 4 months the payments stopped, but confirmation of what the payments were made for had still not been made. After 8 months of the initial payment somebody from the department phoned me to thank me for my query and I've heard nothing since. My guess is that there was some malfeasance at work and that I would probably have continued to receive money until an SIU investigation or something. Kept records and notes for a few years.
 

krycor

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.. and u dont wanna keep it as it will push your tax brackets up :D
 

^^vampire^^

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Keep the money, put it in an interest bearing account. When the owners come to claim their money, give it back and keep the interest :)
 

creeper

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Nov 18, 2010
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Also send them a letter stating that there is this error, but if it isn't resolved in 6 months, any funds paid will be deemed as charity.

(Note: Not sure the legality of this approach).
 

Nerfherder

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Keep the money, put it in an interest bearing account. When the owners come to claim their money, give it back and keep the interest :)

That's actually the correct thing to do.

Just don't spend it for a while.... there is a statute of limitations on a claim for this money. Then you can have it.

Make sure you have documented proof that you tried to contact your previous employer though.
 

IzZzy

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Keep the money, put it in an interest bearing account. When the owners come to claim their money, give it back and keep the interest :)

You should always at the least notify the owners. Whether they collect or not is not your issue but it pegs a date in the sand for which prescription will run.


Also send them a letter stating that there is this error, but if it isn't resolved in 6 months, any funds paid will be deemed as charity.

(Note: Not sure the legality of this approach).

The letter is the best approach yes, but placing a negative onus on them isn't.
 

envo

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Jan 14, 2014
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since the money was paid to you, and you informed them about it already, and they made the same mistake, I'd hold onto it and not say anything. I won't spend it either.

idiots be idiots and sometimes they need to be taught an expensive lesson
 
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