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I do not believe there is any obligation to pay back accidentally overpaid sums in the UK. I base this on the fact that if you receive money from some-one accid

by fauldsh 15y ago

I do not believe there is any obligation to pay back accidentally overpaid sums in the UK. I base this on the fact that if you receive money from some-one accidentally (they got the account number wrong for example) you are under no legal obligation to pay it back (although the bank will ring you asking you to). I don't know if it's different with overpaid money during employment however I doubt it is.

DanBC 15y ago
That's wrong, and people can (and have) go to prison for it. (http://news.bbc.co.uk/1/hi/magazine/6966683.stm http://news.bbc.co.uk/1/hi/magazine/6966683.stm) It's not your money. Make efforts to give it back. Don't spend it. Don't put it in a high interest account. Don't use it to get access to other stuff (while leaving the cash there). Even getting the answer "yes" after asking "Is this really my money" doesn't mean it is your money; you'll still have to pay it back. You're just less likely to go to jail.
- fauldsh 15y ago
  Interestingly, that articles states (in the right hand box): "If an amount is too large to be rightfully yours and you knowingly spend it, you're in trouble" In the op's case he clearly thought it was rightfully his and spent it as such. I wonder what the law is in this case?
  - gavinballard 15y ago
    Whether it's theft or not comes down to whether or not you honestly believe the money is yours. The reference to the size of the amount is there because the larger the sum, the less likely it is that someone could reasonably believe the money was theirs. In the UK (and other common law countries), there's a legal principle called estoppel which often operates in mistaken payment situations. Basically, if the court decided that even if the OP did in fact spend the money in the honest belief that it was his, Codemasters would be entitled to recover the money unless they are "estopped" by reason of the fact that he had significantly changed his position in response to the receipt of the money. It's ultimately meant to be a "fairness" test - if you had £10,000 in your account and someone mistakenly paid you £100, even if you spent that £100 in the belief it was yours, it's hardly like your financial position has been dramatically changed in reliance on that £100 payment. Therefore, you're likely liable to pay the £100 back. However, the situation at hand seems to be more in favour of the recipient - sounds like he did rely on the additional money by paying back some debt, and that could mean that Codemasters can't get it back (or, perhaps, only get a portion of it back).
  - DanBC 15y ago
    He made no attempt to ask his former employers about it; he just assumed it was payment for his illegal hours. It's a shame. He's getting screwed from all sides.

by fauldsh 15y ago

DanBC 15y ago

That's wrong, and people can (and have) go to prison for it. (http://news.bbc.co.uk/1/hi/magazine/6966683.stm http://news.bbc.co.uk/1/hi/magazine/6966683.stm) It's not your money. Make efforts to give it back. Don't spend it. Don't put it in a high interest account. Don't use it to get access to other stuff (while leaving the cash there). Even getting the answer "yes" after asking "Is this really my money" doesn't mean it is your money; you'll still have to pay it back. You're just less likely to go to jail.

fauldsh 15y ago
Interestingly, that articles states (in the right hand box): "If an amount is too large to be rightfully yours and you knowingly spend it, you're in trouble" In the op's case he clearly thought it was rightfully his and spent it as such. I wonder what the law is in this case?
- gavinballard 15y ago
  Whether it's theft or not comes down to whether or not you honestly believe the money is yours. The reference to the size of the amount is there because the larger the sum, the less likely it is that someone could reasonably believe the money was theirs. In the UK (and other common law countries), there's a legal principle called estoppel which often operates in mistaken payment situations. Basically, if the court decided that even if the OP did in fact spend the money in the honest belief that it was his, Codemasters would be entitled to recover the money unless they are "estopped" by reason of the fact that he had significantly changed his position in response to the receipt of the money. It's ultimately meant to be a "fairness" test - if you had £10,000 in your account and someone mistakenly paid you £100, even if you spent that £100 in the belief it was yours, it's hardly like your financial position has been dramatically changed in reliance on that £100 payment. Therefore, you're likely liable to pay the £100 back. However, the situation at hand seems to be more in favour of the recipient - sounds like he did rely on the additional money by paying back some debt, and that could mean that Codemasters can't get it back (or, perhaps, only get a portion of it back).
- DanBC 15y ago
  He made no attempt to ask his former employers about it; he just assumed it was payment for his illegal hours. It's a shame. He's getting screwed from all sides.