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 Should a mistaken payment be returned?

Q My daughter has had ?960 credited to her account by her former employer, a large department store. This was in error, as my daughter no longer works for the store.

She has received a letter which appears to suggest that she is not obliged to pay back the money, it is left to her good will. Are we correct to assume this or is she required by law to give the money back?

TC

A When a bank erroneously credits cash to the wrong customer's account, the money is not that customer's property - and any attempt by the customer to keep it is regarded as an act of theft. I can't see matters being any different with the payroll company of a department store.

Should the department store change its mind and decide to view this erroneous payment as a debt, it would have six years in which to pursue your daughter for the money. During this time her credit rating could be seriously damaged.

The only thing I can suggest is writing to the company asking if your inference from the letter - namely, that your daughter can keep the money - is correct. If the store says yes, she'll be in the clear. Otherwise, she will have to return it.


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