Advice on Correct Procedure, Please

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26 Aug 2011 12:00 AM by Rosa Fay Star rating in Edinburgh. 31 posts Send private message

Can anyone tell me what is the correct procedure in Spain if your former agent (whom you don't trust!) tells you that your bank details have been given "by mistake" to someone you don't know and is now demanding that you return the money to this person's bank account?

We have identified the deposit in question in our account but believe it to be (by mistake) from a former tenant who owes us money in unpaid bills and stolen property.

Many thanks.

 



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Rosa Fay



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26 Aug 2011 2:33 PM by cbrammeld Star rating. 172 posts Send private message

Tell them you will gladly return the money when the previous tenant pays the unpaid bills and returns stolen property.

Looks like the agent gave over your details by mistake, probably in place of the new landlord and trying to cover their ar*e

Perhaps out of the goodness of their hearts they have  paid this money to compensate you for damages you suffered. If its money you are due do not hand it back. If its more than you are entitled to the balance should be paid back.





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26 Aug 2011 3:44 PM by johnzx Star rating in Spain. 5242 posts Send private message

It depends on the circumstances, but had I been the one who made the payment, and it was deposited by a genuine mistake, then I probably would make a denuncia to recover the money.  
 
I would suggest you either return the money or take legal advice, from a profesional.  You may well be committing a criminal offence





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26 Aug 2011 3:51 PM by Poppyseed Star rating. 897 posts Send private message

Can't your bank trace where the money came from? If they can trace it to be from someone who owes you money then you keep it, if it is from someone else then return it.



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26 Aug 2011 4:19 PM by johnzx Star rating in Spain. 5242 posts Send private message

I would suggest you either return the money or take legal advice. You may well be committing a criminal offence.
 
Sorry if I appear pedantic, but if for example your bank or anyone else (in the UK) by mistake credits your account, if you use the money you commit theft. There are many cases on record. I do not know but would suspect that in Spain it is the same.
 
In this case the poster sdays "We have identified the deposit in question in our account but believe it to be (by mistake).............. "  That just about amounts to an admission that they know they are acting illegally.
 
I repeat, I suggest you take PROFESSIONAL legal advice if you decide not to return it.  





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26 Aug 2011 4:27 PM by SMYTHIE Star rating. 145 posts Send private message

There is no criminal offence merely a possible error in the banking system which is not your responsiblity

 If someone pays money into your account by mistake they merely ask the recipient bank to return it to the account from which came and you cannot stop them. They do not require your permission to do this.

so if someone believes the money went into your account the proceedure is they inform their bank and if the bank agrees they have a case they will recall the money obviously if it is an attempt to swindle they wont be too keen to go to the bank and do this. so tell the agent or whoever it was to report the matter to their bank as this is the correct proceedure and you are not invoved in the matter

I have done this on several occasions usually after buying over the internet and never delivered. the banks are quite used to doing this as it seems it happens all the time.

 



This message was last edited by SMYTHIE on 26/08/2011.



This message was last edited by SMYTHIE on 26/08/2011.



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27 Aug 2011 12:33 PM by johnzx Star rating in Spain. 5242 posts Send private message

Smythie

Quote  "There is no criminal offence merely a possible error in the banking system which is not your responsiblity"

 

I did say:-    

if you use the money you commit theft

 

In this case the Rosa  Fay  implied she would keep the money as she was owed money for 'unpaid bills and rent'.





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27 Aug 2011 1:32 PM by SMYTHIE Star rating. 145 posts Send private message

 I didnt suggest she use the money merely how the situation should be resolved, which was the answer to her question

 



This message was last edited by SMYTHIE on 27/08/2011.



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27 Aug 2011 4:42 PM by Patty_1 Star rating in Hertfordshire. UK. .... 1062 posts Send private message

Rosa,

Are you on line with your banking?  I have two bank account's, so when I go on line for a statement it tells me where the money has come from.

If not then ask your bank if they can give you the information you require.   

Patricia



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