Paying back money deposited in an account by mistake.

[sami67]

HSBC paid �500 into my 17 yr old nephew's back account just before Christmas, he thought it was put in by his grandad who said he was putting some money in for him and spent it, but has now had a demand for the full amount with interest. The poor lad is only at college and gets EMA of �30 a week, which will be swallowed by the bank every week now.

Any advice would be much appreciated!

[sami67]

That's Bank account sorry!

[Busker]

YOU - write a letter immediately to: Mr. Tony Hetherington, Finacial Mail on Sunday, 2 Derry Street, London W8 5TS with these details. Draft a letter for YOUR NEPHEW to send to HSBC saying that he has given Mr. Hetherington (of MoS) full authority to deal with this on his befalf. Hopefully, the publicity will jolt someone into some compassionate action.

[Loosehead]

Perhaps grandad could put in the money that he intended too, presumably no �500, that would help. The bank is within it's rights though!

[Oneeyedvic]

Did your son not ringup and thank his Grandad at which point he would have found out that this is a mistake? Would his Grandad usually give him that sort of money?

Or (more likely IMHO), your son thought - Oh, bank has made a mistake, I think I will go out and spend all the money which isn't mine!

[tim2969]

Iniatiate a full request in accordance with section 7 of the 1998 data protection act to establish exactly how these matter came about. The bank won't like having to establish this as it may bring up a glaring mistake made by counter of telephone banking staff etc etc

[dzug]

Do you know it was actually the bank's mistake, or did someone else quote the wrong account number to them?

Either way the money's not his and will have to be repaid some way, not necessarily immediately (though that is the legal position).

[andy-hughes]

Never upset someone who's co-operation you need.

The bank are within their rights to claim this money back - but they will be reasonable. Write to the branch manager explaining the financial constraints involved, and offer a Direct Debit payment of �10 per month.

The manager will see the wisdom of compromise - he gets the money without the tedious and uneconomical job of chasing for it through the courts, goodwill is established, and faces are saved all round.

If that doesn't work - follow Busker's action - ane enclose your letter to the manager, and any response.

Keep all correspondence copies - yours and theirs, and only deail with the issue in writing.

Good luck.

[STAH]

sami67 as an employee of one of the big four banks I would advise you to follow andy-hughes' excellent advice.

I am sure that compassion and cooperation will follow. Furthermore, as your nephew is under the age of 17 he is not leagally obliged to repay the debt.

The bank should be aware of this and will seek to assist in anyway to prevent any potential rights offs and egg on their face.

Good luck.