Fraud

System
System Posts: 100,534 🤖 Admin 🤖
Hi all<BR><BR>If you receive a payment that wasn't meant to be for your company, and you do not inform the Supplier, is it classed as fraud?<BR><BR>Just need to know for my MAS project!!!!<BR><BR>Thanks<BR>Deblin

Comments

  • System
    System Posts: 100,534 🤖 Admin 🤖
    Fraud

    Don't Know if this will help but, as a company we received a payment from an unknown supplier, which was quite a large amount and it was received by Bacs, no body contacted us from the supplier company, so after a month of it sitting in the bank account I asked our bank to trace where it came from, all they could tell me was the name of the bank. I rang the said bank and was informed by them that they could not divulge the information I required. So, after 6 months this money is still sitting in our bank account and at our year end I informed the auditors, who said I had done all I could to trace the supplier, and it was now up to them to contact us if they wanted a refund! <BR><BR>So, I don't think this would actually class as fraud because we did nothing illegal to gain the money, we are holding the money and would be willing to return it if someone from the suppliers contacted us.<BR><BR>Sarahx
  • System
    System Posts: 100,534 🤖 Admin 🤖
    Fraud

    I would assume thsat ther is a 'resultant trust'. Should the owner turn up and ask for their money back you are bou nd to return it. I would have thought a letter to the bank involved would find it's way to the payer.<BR>
  • System
    System Posts: 100,534 🤖 Admin 🤖
    Fraud

    Deblin,<BR><BR>To retain a wrongful credit is classed as fraud under the Theft Act 1968 - so in answer to your question - Yep!<BR><BR>As per saraht's response as long as you do all in your power to resolve the situation/ return the credit to the supplier then you're ok. Whilst you've not been dishonest in receiving the credit, keeping quiet about it is and like I say it is classed as fraud.<BR><BR>I guess any company daft enough to send money to people with whom they have no relationship can only expect and accept the loss. Having said that you'd expect alarm bells to ring at their end sooner or later.<BR><BR>Check out this link for further info on section 24a.<BR><BR>http://www.lawteacher.net/Criminal/Property Offences/TA 1968.pdf&lt;BR&gt;&lt;BR&gt;Hope that helps! Pete.
  • System
    System Posts: 100,534 🤖 Admin 🤖
    Fraud

    Just wanted to say a Big thanks for those who have replied to my message.<BR><BR>Deblin<BR>xx
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