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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 9147
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been suspended from work on suspicion of fraud, I

Customer Question

I have been suspended from work on suspicion of fraud, I have accidentally given my personal bank details to a company and they have transfered the money to me. I was unaware that I had done this at the time. Once the money came to my account I was still unaware that it was work related, I asked the bank to send the cash back the day after it arrived, but they didn't act on my request so I left the funds in my account until the mistake was picked up at work, I have provided my employer with proof from the bank that I requested the funds to be returned, my bank statements, and a conversation with work colleagues that I had when I said I had money in my account. This was showing that I had no idea where it had come from. I'm worried about fraud charges coming from this even though I had no idea it was anything work related. Do you have any advice? Thanks
Submitted: 1 year ago.
Category: UK Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

Would you like assistance with the employment or fraud side of this, as they are 2 different issues

Customer: replied 1 year ago.
The fraud part, that is the part I'm more concerned about
Expert:  Ben Jones replied 1 year ago.

Okay i will opt out so another expert can assist you

Expert:  F E Smith replied 1 year ago.

What proof did you provide to your employer that you asked the bank to return the money the day after it arrived?

How much money is in issue here?

You say that the bank did not act on your request and you then wait until it was picked up at work. Why did you wait?

Has the matter been reported to the police?

Has the money now been returned in full?

How long after it was paid to your account in error, was the money eventually returned?

Customer: replied 1 year ago.
A letter from my bank just confirming that I had made the request and they had not acted upon it. It's for pension related business so was over £111k, which has been returned in full. As far as I am aware the police haven't been contacted. So I am waiting to hear from my employer about the outcome of their report.
Money stayed in my account for about 7 weeks before the error surfaced.
Expert:  F E Smith replied 1 year ago.

Thank you. One other thing, and this is really important, you said that the bank didn’t act on your request “so I left the funds in my account until the mistake was picked up at work”. At what stage did you find out that this money was still in your account?

Did you not look at your bank statements for seven weeks? If this went to court, I think you may struggle to convince a judge or jury or magistrates that was the case so you would need some really compelling reason why you didn’t know this money was in the account or why you just left it there when the bank didn’t send it back.