brightonrock
Dodgy Hamstrings
- Jan 1, 2008
- 2,482
Ok, i get it, if the recipient is earning 200k a year, he could claim he did not notice the 1k extra a month going in, where as if the recipient is on benefits it would be a lot harder to convince that they didn't notice.
On a separate note, can the recipient use "confidentiality" to hide from the payee to escape a law suit being filed for the return of the money?
Or can they go to the court to get a court order for the bank to reveal the identity?
The recipient is anonymous under the DPA unless a DPA Disclosure Request was submitted by the police, as I understand it - I may be wrong there. Your first argument regarding the recipient's income is a logical/moral viewpoint rather than a legal one but might be considered by a court, yes. Other posters in this thread know more than me about 'retaining wrongful credit' which I admit I haven't come across, but again it may be open to interpretation, I don't know the criteria/definition. My job is similar (some crossover into this area) but I'm not legally trained so this is only the information I've been given in a similar scenario!