My Last Contact Double Paid Me...Now They Want It Back!

[BrilloPad]

He still isn't out of the woods as the 7k to his personal account is undeclared income so commiting tax evasion. Not as scary as the VAT man but still, not something to take lightly.

I did that once before. Technically it is breaking the law but there is no way its going to go further. A letter from accountant will cover it.

[northernladuk]

I did that once before. Technically it is breaking the law but there is no way its going to go further. A letter from accountant will cover it.

Shhhhhhhhhhhhh

[d000hg]

"Low paying contract" or not, you really can't expect ANYBODY to believe that you "didn't notice" an additional SEVEN THOUSAND POUNDS appearing in your bank account as if by magic??!!

You seriously need to pay more attention to your personal and financial affairs, I'm incredulous that you can apparently be so careless about what is a significant stack of cash.

You know if he only has one account I can just about believe this - lots of people have no idea how much money they've got and if the client AND umbrella paid into his personal account then.... maybe. Just.

[FiveTimes]

You know if he only has one account I can just about believe this - lots of people have no idea how much money they've got and if the client AND umbrella paid into his personal account then.... maybe. Just.

In this day and age I find it hard to believe that people dont know what the balance of their account/credit card etc..
But then again I check all accounts weekly if not twice weekly so I can shred receipts and check on outgoings.

[captainham]

You know if he only has one account I can just about believe this - lots of people have no idea how much money they've got and if the client AND umbrella paid into his personal account then.... maybe. Just.

He'd best stick with a Brolly rather than go LtdCo route in future then, unless he also gets a really patient accountant to do the whole works for him.

[NotAllThere]

...Still, how can you not notice £7,000!...

To be fair, I could quite easily not notice such sums; that's why I do a reconciliation every now and then. However, the reason why I'd might not notice is because I'm so filthy rich.

[speling bee]

To be fair, I could quite easily not notice such sums; that's why I do a reconciliation every now and then. However, the reason why I'd might not notice is because I'm so filthy rich.

I might not notice, but I also wouldn't spend it.

It's the not noticing and spending it which is so peculiar.

[captainham]

I might not notice, but I also wouldn't spend it.

It's the not noticing and spending it which is so peculiar.

"Why do we have so much money this month, dear?"

"Who knows and who cares, pass me another bottle of Bollinger, sweetie"

[doodab]

It's almost believable if one was working through a brolly as one would naturally assume all the money one got paid was one's own. Legally however holding onto it is naughty naughty, once the problem comes to light one has to give it back.

[Incognito]

Thats all I wanted to know about, the legal standpoint, not people judging if im a thief or not, ive never been in this situation before, how do I know who is right?

I didnt realise this was such a hot potato with you guys, thanks for the decent replies from those who posted them.

K

Firstly, it's not theft. It is known as unjust enrichment. Secondly, contrary to the howling from the unwashed there is a defence. It's known as Change of position, there's a lot of stuff out there on the internet, however you can read about it here. That is an article for an American Law Review, but it does concern the English position. There are better articles out there, but you would have to pay for them.

The basic concept is that you'd have to argue you've put yourself into a 'worse' position due to you receiving the unjust enrichment. The fact that you are now worse off than before is not a defence, there needs to be a link between the additional money and you being worse off, for example you received an extra £1000 in your pay and thinking it was a bonus, you proceed to invest it in shares that then take a tanking and you lose the money. You'd really need to consult legal advice if arguing that and be prepared for the other side to sue you. If they win, as it is >5K you would be liable for all costs, however if you won they would be liable for yours. If it proceeded to court, the other side would claim interest on the figure as well, calculated daily from the date of the overpayments.

To conclude, you have done nothing that is morally wrong. If, as you state, you honestly had no idea you were being overpaid then you there is an argument that you should not be liable for their mistake. To use as an example, a bank overpays you £25000 into your account. You notice it and before you can report it to the bank your account is hacked and the £25000 is stolen. Does anyone here honestly think that the person in question should still be liable for the £25k?

OP, perhaps you should negotiate with the other side? Advise you'll pay back half the money over a period of time.