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Unexpected windfall


surrey1saint
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My mate has received,completly out of the blue,a cheque for a sizeable amount of money.

(from a reputable company with several offices)

 

There is no paper work,or covering letter with it.

 

Does he just pay it in and make no further enquires?

 

What would you do?

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Guest Dark Sotonic Mills
My mate has received,completly out of the blue,a cheque for a sizeable amount of money.

(from a reputable company with several offices)

 

There is no paper work,or covering letter with it.

 

Does he just pay it in and make no further enquires?

 

What would you do?

 

I assume the cheque is made out in his name. If so, I believe that he should be able to pay it in without a problem of a theft charge.

 

The reason being is that, unlike accidental bank credits, there has been as deliberate action on someone's part to create and send the cheque to him at his address. This would give rise to a wholly reasonable belief that he was entitled to the money, even if he did not know what it was for.

 

The s24A (1) Theft Act 1968 covers the accidental bank credit:

 

A person is guilty of an offence if-

(a) a wrongful credit has been made to an account kept by him or in respect of which he has any right or interest;

(b) he knows or believes that the credit is wrongful; and

© he dishonestly fails to take such steps as are reasonable in the circumstances to secure that the credit is cancelled.

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