Do i have to pay it back?

beck07 | 20:34 Tue 05th Feb 2008 | Law

50 Answers

I was working at marks and spencers and after being there for around 3 months i got sacked.
They didnt take me off the payrol and continued paying me. I wasnt sure where the money was coming from at first as my bank statments were being sent to my mums address and i wasnt living there so i didnt get them for a while. I kept on taking the money out of my bank and it ended up being around �4000 they paid me.
They are now asking for the money back but as this was their mistake do i have to pay it back?
From some people's point of view, i shouldnt take money that isn't mine and i should of told them to stop paying me, but from other peoples point of view- anyone who was getting free money would keep their mouth shut and enjoy it!!

please help! what rights do I have with my mobile phone company?

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CheekyChops

Yes you do have to pay it back. You were aware it wasn't yours and in that case, you legally have to pay it back.

bednobs

of course you have to pay it back! If you acidentally put the wrong account numbr on a paying in slip for example say you were paying in 200 pounds into your account. Would you expect the person whose account it went into to gie it back to you once it was discovered? or would you just think"oh well, they can have it"

beck07

Question Author

I have been told that by some people but other people say that they should have been more carefull with their money so i shouldnt have to pay it back as its their mistake!

bednobs

again, answer me this though. if by your "mistake" you accidentally paid your birthday money into someone elses account, would you really expect them to keep it - after all its your mistake so you shuld take the hit? i think not ....
Morally and legally you have no right to the money and must pay it back

meglet

The thing is, anyone with any sense wouldn't think it was "free money" and would wonder who was putting money in their account.

Yes you have to pay it back, you have no right to it. I suspect that M&S will instigate legal proceedings to recover the money so do yourself a favour and pay it back now before they start thinkikng about recovering interest as well and you end up in more strife.

DonLyn

The same thing happened to my sister when she left her job. She refused to pay back the money but they took her to court and she lost. She had to pay it all back plus court costs etc.

beck07

Question Author

Well me paying my birthday money into an account is totaly irrelevant really, we are talking about marks and spencers here who are suppose to be a huge company and should know who they are paying!! The way i see it is they should of taken me off their payroll and should watch what they do in future! Its not like they cant afford to loose �4000!!
I suppose they are thinking ''Its not just money,...... its M&S Money''!!!!

madworld

Tell them you will pay it back at �2 a week.

beck07

Question Author

Well i told them im going to pay it back but i want to find out if i definatly have to as i keep being told not to pay it!

meglet

An admin error such as this is far more likely to happen in a big company. If it goes to court (which it will if you continue to refuse to pay it back) you will lose as any court will clearly see its not your money.

beck07

Question Author

Thats always my first thought, as it wasnt mine i should pay it back.
I was only 17 at the time so i wasnt really to worried about doing the right thing, more interested in going out and spending it lol! Thanks for all your answers..

Tichfield

"Do I have to pay it back?" you ask.

I ask "Are you so stupid that you think you can just keep it?".

If you are that stupid then I am not amazed that they sacked you.

beck07

Question Author

tichfield- go suck yourself you mug!!

bednobs

huge companies are staffed by people, just like you, who can and do make mistakes. they are not a faceless corporation - One person in that company made a mistake, just like you could easily make a mistake, so its not irrelavant at all.

sue11

Hi Beck07, yes as the other answers state, by law you definately have to pay it back, the fact that it was their mistake will not make any difference to the courts!
I don't wan't to frighten you and I am not saying this will happen to you, but I read a tale in the newspapers about someone being jailed for keeping money that was being paid to them in error when they knew it was not theirs, I think in this case it was a bank accidentally paying it into the wrong account.
If you cannot afford to repay the full amount immediately,
my advice would be to contact them, be very apologetic and agree a form of repayment that you can afford.
Best of luck
Sue

Tichfield

Hiya beck07.

You do have such a nice way of saying things.

You must have been a geat loss to M&S. I expect they really regret getting rid of you.

beck07

Question Author

Well if you **** off it wont be a great loss either!!
go play with some traffic

Tichfield

Beck07.

Sad you had to show yourself up here as such an ignorant person.

But I expect you will soon grow up and turn into somebody worthwhile.

beck07

Question Author

LoL. i havent shown myself up as anything..
Maybe you should spend more time trying to grow up into something more worth while instead of sitting on the computer moaning all night!!
Why dont u do us all a favour and **** off

Tichfield

Keep it up beck07. You are just proving my point.

:-)))

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