money put into my bank

[ursula]

Hi on 19 september barclays put money into my santander bank account i thought it was the return of PPI now 20th december they want it back how do i stand i have spent it and i do not access to that kind of money can any ony help?? thanks merry christmas

[enaid]

Re: money put into my bank

Have you asked what the money is and why it was put in your account ?

[nemesis45]

Re: money put into my bank

Hi on 19 september barclays put money into my santander bank account i thought it was the return of PPI now 20th december they want it back how do i stand i have spent it and i do not access to that kind of money can any ony help?? thanks merry christmas

#
Good morning welcome to LB,

What is the explanation from Barclays in regard to this deposit?
Did you have a PPI claim in progress?

nem

[ursula]

Re: money put into my bank

#
Good morning welcome to LB,

What is the explanation from Barclays in regard to this deposit?
Did you have a PPI claim in progress?

nem

they are now saying that the money put into the wrong account and yes i have on going ppi from a lot of differet banks

[nemesis45]

Re: money put into my bank

they are now saying that the money put into the wrong account and yes i have on going ppi from a lot of differet banks

A difficult situation, although it does seem a disproportional length of time of a bank supposedly
using due diligence to attempt to reclaim the money.
If you have a PPI reclaim with Barclays it could certainly a fairly reasonable thought that the money
came via such a reclaim.

The money is spent I think you need to tell Barclays the situation, personally I would not do this via
customer services which would not have any authority to act, perhaps to a director of retail banking
or similar title would be better.
nem

[des8]

Re: money put into my bank

Legally, if you received money in error and you know that it is not yours, then you must pay it back.
You cannot knowingly take advantage of an error (Rhind v Commercial Bank of Scotland (1860)

In some circumstances however you might be able to claim you have altered your position e.g, if you were expecting a similar sum to the amount that was wrongly credited and you have spent the money believing it to be rightly yours.(Lloyds Bank vs Brooks (1950),

[leclerc]

Re: money put into my bank

Des8, do you think the PPI claim is a justifiable reason?
Or would you have thought the OP would query the amount since Barclays may not have written out to the customer with a conclusion?

Perhaps the OP could answer the question as to how far their PPI claim was and any correspondence received up to the point the money was paid in.....

[des8]

Re: money put into my bank

I don't see why it should not be seen as reasonable belief.
She was expecting a payment from Barclays,.... a payment was received from Barclays.
So no written advice of the amount was received, but would the claimant be expecting a written advice?
Not everybody is as commercially minded as perhaps you and I.
Certainly I feel Barclays should be made to work for the return of their cash.
If the customer makes a mistake the banks jump, but if they make a mistake they expect everything to return their way.
I only have to point to a recent thread about Coop and Certainty of Fate
You know my feelings about the banking industry!!!!!!!!!!!!!!

[Debt Camel]

Re: money put into my bank

What happened to the PPI claim?

Have you received no correspondence about it since September? If you did get any correspondence, wouldn't that have alerted you to the fact that Barclays haven't actually paid out on this claim?

[Amethyst]

Re: money put into my bank

I would write to the bank in response to their letter telling you about the incorrect payment, offer to repay at an affordable amount ( I don't know your circumstances but if for example it is all still in the bank then it wouldn't be unrealistic to repay it in one go - but if you spent it believing it was one of your PPI claim and to pay back now would leave you in hardship etc offer a monthly affordable payment ) If the bank don't accept that then complain and take it to the ombudsman.


From the Financial Ombudsman guidance. ( will find link) - http://www.financial-ombudsman.org.u...t-payments.htm scroll down to the last section - a complaint by a person who had money mistakenly put into their account

The consumer may sometimes not have noticed that they had received money by mistake - perhaps because the amount did not stand out from other transactions in their account, or because they had wrongly identified it as a payment they were expecting. By the time the mistake comes to light, the consumer may have spent some or all of the money.

Where we are satisfied that the consumer had in all honesty not realised that the money was not intended for them, we will generally look to see what they did with the money before the mistake was noticed.

We will normally uphold complaints like this only where the consumer's position changed in such a way that it would be unfair for them now to have to pay back some or all of the money. To decide whether this has happened, we are likely to need to ask the consumer for details about their wider financial situation - so that we can fairly assess the impact on them of what has happened.

Where we believe there is no reason why the consumer should not, in all fairness, be asked to pay back the money, we expect the financial business to allow them to do so in a way that does not cause them financial hardship.

The decision we make in these situations is intended to provide a fair outcome for the particular case in question - reflecting its individual facts and circumstances. So the outcome might, for example, include one or more of the following:

the consumer must pay the financial business back all the money, but should be allowed to do so by interest-free instalments over time;
the consumer should receive compensation for the upset and inconvenience caused to them by the financial business's mistake;
the consumer is not required to pay the financial business back some of the money; and/or
the consumer is not required to pay the financial business back any of the money.

[des8]

Re: money put into my bank

As OP was expecting a PPI repayment from Barclays, presumably this has not yet been paid.
Rather than offering an affordable repayment schedule, perhaps the OP should ask Barclays to complete the PPI calculations.
When that has been done it will be possible to see if there is a difference between what has been paid and what should have been paid.
They can then argue over the difference, one way or the other!

[R0b]

Re: money put into my bank

As OP was expecting a PPI repayment from Barclays, presumably this has not yet been paid.
Rather than offering an affordable repayment schedule, perhaps the OP should ask Barclays to complete the PPI calculations.
When that has been done it will be possible to see if there is a difference between what has been paid and what should have been paid.
They can then argue over the difference, one way or the other!

I would simply have to agree with your first post, the one above should be the second line of defence. LLoyds v Brooks (and many more since) would apply and that the defence of change of position applies, she expected money to come in from Barclays, which was paid by them so as you say, perfectly reasonable to assume it related to that.

1st defence = change of position altered
2nd def if 1st fails = offset PPI claims against the amount paid into account

[Debt Camel]

Re: money put into my bank

she expected money to come in from Barclays

With respect, we don't know how reasonable this expectation was as the poster hasn't answered the questions about how far along the PPI process was or what correspondence was received after the amount appeared in the bank account.

[R0b]

Re: money put into my bank

With respect, we don't know how reasonable this expectation was as the poster hasn't answered the questions about how far along the PPI process was or what correspondence was received after the amount appeared in the bank account.

Fair point, maybe expected was the wrong word to use however, it would be reasonable to say that if she made a claim for PPI against Barclays and then received payment from the same bank a PPI claim is being made against, a reasonable conclusion would be that it related to the PPI claim. Regardless of how far down the line the PPI claim was, banks are likely to give a refund into the bank account prior to a letter being sent out (or so it has happened a couple of occasions to me before). I think that the OP has a sufficient causal link between the payment and the PPI claim.

If Barclays do wish to reclaim this by going to court, then the OP will need to account for the money and what it has been spent on. For example, if the money has been spent in paying off debts, the change of position defence will not apply.

[des8]

Re: money put into my bank

Agree that just spending the windfall is not of itself a sufficient defence against a claim for restitution.
The OP needs to show the money was spent on something which otherwise would not have been purchased.
There has to be a causal link between the mistaken receipt and the change of position

I wonder if we will hear from OP again