Cyclone 10 #37 Posted March 26, 2015 I've answered the thread's highly improbable/fantasy question with my own answer (highly improbable/fantasy or not, you decide/research/find out - I don't particularly care about proving it to be right or not on this forum). Just don't ever send me £1.25m (or £0.25m for that matter) by mistake The thread is based on a real event. You appeared to be describing something you thought could be done. Are you now saying that you just made it up all up and have no idea if what you describe can be done? Share this post Link to post Share on other sites Share this content via...
ubermaus 10 #38 Posted March 26, 2015 (edited) Technically to every take legal ownership you should report it to the police and then wait 6 months, that's what happens with property you find (ie a bag of 1.25 million in the street). In this case an amount has been inserted into your account. You didnt take the money. Its perfectly legit for deposits. Say you find money in the street or in the bushes...the option is there to simply walk away. A inserts deposit into Bs account. B does nothing. a 'gift'? Or theft? Edited March 26, 2015 by ubermaus ... Share this post Link to post Share on other sites Share this content via...
L00b 441 #39 Posted March 26, 2015 The thread is based on a real event. You appeared to be describing something you thought could be done. Are you now saying that you just made it up all up and have no idea if what you describe can be done? No. You are saying that. Share this post Link to post Share on other sites Share this content via...
Cyclone 10 #40 Posted March 26, 2015 No, I'm asking, that's why I used a question mark. Are you going to answer? (Again, I'm asking here, the ? gives it away). ---------- Post added 26-03-2015 at 09:28 ---------- In this case an amount has been inserted into your account. You didnt take the money. Its perfectly legit for deposits. Say you find money in the street or in the bushes...the option is there to simply walk away. A inserts deposit into Bs account. B does nothing. a 'gift'? Or theft? It only becomes theft if someone asks for it to be returned and you refuse and/or actively make it difficult to recover. ---------- Post added 26-03-2015 at 09:30 ---------- Having googled "standing draw order" and found only 2 hits on google, 1 of them to this thread. I am now saying that you've made it up. If you steal any amount of money that is accidentally deposited in your account, don't be surprised if you end up serving jail time for it. Share this post Link to post Share on other sites Share this content via...
Branyy 10 #41 Posted March 26, 2015 Keeping the money would be considered as a theft: 'Retaining wrongful credit'. The 1968 Theft act defines this as: "A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it". A person is guilty of an offence if: (a) a wrongful credit has been made to an account kept by him or in respect of which he has any right or interest; (b) he knows or believes that the credit is wrongful; and © he dishonestly fails to take such steps as are reasonable in the circumstances to secure that the credit is cancelled." Share this post Link to post Share on other sites Share this content via...
ubermaus 10 #42 Posted March 26, 2015 Keeping the money would be considered as a theft: 'Retaining wrongful credit'. The 1968 Theft act defines this as: "A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it". A person is guilty of an offence if: (a) a wrongful credit has been made to an account kept by him or in respect of which he has any right or interest; (b) he knows or believes that the credit is wrongful; and © he dishonestly fails to take such steps as are reasonable in the circumstances to secure that the credit is cancelled." So basically, if you fail to report...its theft in the eyes of the law. Hands up who has ever found a note in the street, i wonder how many would report to the police Share this post Link to post Share on other sites Share this content via...
Cyclone 10 #43 Posted March 26, 2015 Is there a moral difference between finding a fiver in the street, and finding 1.25 million in your account and taking steps to try to keep it? Share this post Link to post Share on other sites Share this content via...
Branyy 10 #44 Posted March 26, 2015 I guess it all depends on the value of damage. The threshold is set to £200. But I'm not sure, maybe that concerns shoplifting cases only. Share this post Link to post Share on other sites Share this content via...
ubermaus 10 #45 Posted March 26, 2015 Is there a moral difference between finding a fiver in the street, and finding 1.25 million in your account and taking steps to try to keep it? Certainly yes. Moral and legal. Could you sleep at night knowing you had unlawfully kept 1.25 mil? How about a fiver? ---------- Post added 26-03-2015 at 09:50 ---------- Now the 'sentence' for 1.25mil would be severe. A fiver found in the street, well you tell me? ---------- Post added 26-03-2015 at 09:54 ---------- I guess it all depends on the value of damage. The threshold is set to £200. But I'm not sure, maybe that concerns shoplifting cases only. On up to 1000 in card fraud, police dont usually investigate. Its an insurance write off for banks and the cps have a say.. So the likelihood of getting prosecuted in these circumstances for less than 200 is slim. Share this post Link to post Share on other sites Share this content via...
Obelix 11 #46 Posted March 26, 2015 I wonder if the ownership of the money depends on who puts it into the wrong account. For example: 1. If the bank accidentally credits your account by mistake, there may be something in the small print of your contract with them which allows them to take it back. However, 2. If you accidentally transfer some money to a third party, then that is nothing to do with the bank directly. You have chosen to "enter into a contract" with the third party by gifting them some money. The bank can't take it back as they are not party to any agreements between you and the third party. As far as the bank knows, it might have been a valid transfer and you are trying to steal the money back. 1. depends if you spend it thinking it was yours. The law is an obscure thing called promissory estoppel. Share this post Link to post Share on other sites Share this content via...
Cyclone 10 #47 Posted March 26, 2015 Certainly yes. Moral and legal. Could you sleep at night knowing you had unlawfully kept 1.25 mil? How about a fiver? ---------- Post added 26-03-2015 at 09:50 ---------- Now the 'sentence' for 1.25mil would be severe. A fiver found in the street, well you tell me? ---------- Post added 26-03-2015 at 09:54 ---------- On up to 1000 in card fraud, police dont usually investigate. Its an insurance write off for banks and the cps have a say.. So the likelihood of getting prosecuted in these circumstances for less than 200 is slim. If I found a fiver I would almost certainly keep it, if I lost a fiver I'd definitely not report it as lost. So on that basis I would justify it to myself that no other reasonable person would report it as lost, and so that reporting it would be a waste of my time and the polices time. I wouldn't try to keep 1.25million because I know that it would be theft and that I would be caught (rather easily since they know who's account they put it in)... Share this post Link to post Share on other sites Share this content via...