Sum of money appeared in account

AfricanTech

AfricanTech

Honorary Master
Joined
Mar 19, 2010
Messages
40,369
Splinter said:
And what exactly is d00s'ish about what I said? You would be ok then if you transferred money to someone else in error, and they spent it?
Click to expand...
OP never said that he wanted to spend the money
OP was very clear about his efforts (close to the long weekend nogal) to return the money

Was very clear too all of us (except you of course) that OP's question was out of curiosity/interest in the legalities surrounding it.

Your question was worded in a way that implies that the OP does not have morals and integrity simply because he is asking for information on the legal aspects of the matter - "You really need case law? What about morals and integrity?" - you were being a d00s and you know it.

PS - I have been in a similar situation but from the other side - Service Provider gave me the incorrect bank account, I duly transferred money only for him to discover to his horror that the money had gone into some stranger's account - wasn't really my problem 'cos I had proof of payment to account number provided, but because I'm not a d00s, and the person who the money was transferred to was not a d00s either, we all met at the bank to do the necessary transfers into the correct accounts. The bank (Standard as it turns out) was quite useless at providing help and made it all of our problem to resolve.
 
S

Splinter

Honorary Master
Joined
Oct 14, 2011
Messages
30,829
AfricanTech said:
OP never said that he wanted to spend the money
OP was very clear about his efforts (close to the long weekend nogal) to return the money

Was very clear too all of us (except you of course) that OP's question was out of curiosity/interest in the legalities surrounding it.

Your question was worded in a way that implies that the OP does not have morals and integrity simply because he is asking for information on the legal aspects of the matter - "You really need case law? What about morals and integrity?" - you were being a d00s and you know it.

PS - I have been in a similar situation but from the other side - Service Provider gave me the incorrect bank account, I duly transferred money only for him to discover to his horror that the money had gone into some stranger's account - wasn't really my problem 'cos I had proof of payment to account number provided, but because I'm not a d00s, and the person who the money was transferred to was not a d00s either, we all met at the bank to do the necessary transfers into the correct accounts. The bank (Standard as it turns out) was quite useless at providing help and made it all of our problem to resolve.
Click to expand...

Blah blah and blah. I wasn't just discussing this with the OP, but seeing as you are the d00s master I shall obviously be completely abashed by what you have to say.

Not.
 
S

Splinter

Honorary Master
Joined
Oct 14, 2011
Messages
30,829
AfricanTech said:
OP never said that he wanted to spend the money
OP was very clear about his efforts (close to the long weekend nogal) to return the money

Was very clear too all of us (except you of course) that OP's question was out of curiosity/interest in the legalities surrounding it.

Your question was worded in a way that implies that the OP does not have morals and integrity simply because he is asking for information on the legal aspects of the matter - "You really need case law? What about morals and integrity?" - you were being a d00s and you know it.

PS - I have been in a similar situation but from the other side - Service Provider gave me the incorrect bank account, I duly transferred money only for him to discover to his horror that the money had gone into some stranger's account - wasn't really my problem 'cos I had proof of payment to account number provided, but because I'm not a d00s, and the person who the money was transferred to was not a d00s either, we all met at the bank to do the necessary transfers into the correct accounts. The bank (Standard as it turns out) was quite useless at providing help and made it all of our problem to resolve.
Click to expand...

Its funny - you say I'm the one who was implying negative things about the OP when he just wanted to pay the money back, but I only asked a question when he is suddenly very curious about the legality or not of keeping the money.

I implied nothing about him not having morals, just wondered why someone/anyone would need law to ensure repayment of what was definitely someone elses money paid in error.

Then you yourself come in and cast direct judgement. I would call you a d00s as well, but that would be slandering millions of useful boxes all over the world.
 
D

/dev/null

Expert Member
Joined
Dec 7, 2017
Messages
1,197
Pho3nix said:
Update : Capitec sent a request to Standard Bank for the funds and explained the situation.
Standard bank called me to confirm everything.

Funds will be removed from my account and credited to the correct account later today.
Click to expand...
How do they know what's the correct account?
 
D

/dev/null

Expert Member
Joined
Dec 7, 2017
Messages
1,197
Pho3nix said:
Capitec advised them as part of their request. Was an extra 0 where there shouldn't have been one.
Click to expand...
It would be interesting to find out if the extra 0 was a mistake by Capitec the bank or Capitec customer. If it was a mistake by the customer then it's cool that Capitec helped out even though that SCA judgement you posted sort of says banks shouldn't get involved in these kinds of mistakes.
 
V

Vuilhaas

Senior Member
Joined
Jun 5, 2017
Messages
957
Glad it got sorted OP. Just to touch on the legality of the situation:

My understanding is that you were unjustifiably enriched by the incorrect deposit. This would be a purely civil claim and there would be no criminal charges for spending the money. The person who made the deposit would have 3 years within which to serve a summons on you, after which their claim would prescribe and that would be it.

So if this does happen to anyone, just hold onto it for 3 years, after which you have no legal obligation to return it (morally and ethically you should of course).
 
Pho3nix

Pho3nix

The Legend
Joined
Jul 31, 2009
Messages
30,589
/dev/null said:
It would be interesting to find out if the extra 0 was a mistake by Capitec the bank or Capitec customer. If it was a mistake by the customer then it's cool that Capitec helped out even though that SCA judgement you posted sort of says banks shouldn't get involved in these kinds of mistakes.
Click to expand...
Customer apparently. Really surprised as well how this was handled by Capitec and Standard Bank.
Vuilhaas said:
Glad it got sorted OP. Just to touch on the legality of the situation:

My understanding is that you were unjustifiably enriched by the incorrect deposit. This would be a purely civil claim and there would be no criminal charges for spending the money. The person who made the deposit would have 3 years within which to serve a summons on you, after which their claim would prescribe and that would be it.

So if this does happen to anyone, just hold onto it for 3 years, after which you have no legal obligation to return it (morally and ethically you should of course).
Click to expand...

I suppose, morally and ethically wrong though :p
 
Speedster

Speedster

Honorary Master
Joined
May 2, 2006
Messages
21,685
Vuilhaas said:
Glad it got sorted OP. Just to touch on the legality of the situation:

My understanding is that you were unjustifiably enriched by the incorrect deposit. This would be a purely civil claim and there would be no criminal charges for spending the money. The person who made the deposit would have 3 years within which to serve a summons on you, after which their claim would prescribe and that would be it.

So if this does happen to anyone, just hold onto it for 3 years, after which you have no legal obligation to return it (morally and ethically you should of course).
Click to expand...
It is good to know there is a limit though. Someone decided to "refund" me for work we did together (long story). Anyway, I guess they could claim it back at any stage and I've asked repeatedly for their bank details as it is their money, but after three years I'm going to stop begging.
 
Rickster

Rickster

EVGA Fanatic
Joined
Jul 31, 2012
Messages
20,434
I'm sure if one had to move that money to another account the bank would just take funds from the initial account.

Op, what was in the reference field? Look like a order number or something?
 
Pho3nix

Pho3nix

The Legend
Joined
Jul 31, 2009
Messages
30,589
Rickster said:
I'm sure if one had to move that money to another account the bank would just take funds from the initial account.

Op, what was in the reference field? Look like a order number or something?
Click to expand...

INCORRECTCRD
 
V

Vuilhaas

Senior Member
Joined
Jun 5, 2017
Messages
957
Speedster said:
It is good to know there is a limit though. Someone decided to "refund" me for work we did together (long story). Anyway, I guess they could claim it back at any stage and I've asked repeatedly for their bank details as it is their money, but after three years I'm going to stop begging.
Click to expand...
Yup. The general rule of thumb is 3 years for any ordinary civil debt. There are exceptions though.

You can check out the Prescription Act if you're interested (it's not interesting though :p )
 
You must log in or register to reply here.
Top