Thomas Cook Cashpassport reload error

[Floridasun]

Hello all, wondered if I might get some advice on this situation.

 

I was on holiday in the US last week and made use of a Thomas Cash Passport pre-paid USD card. When I reloaded it with a small amount (£75 for $110) to see me to the end of the holiday I was somewhat surprised to see they had actually reloaded the card with $1100. I have a receipt showing they "sold" me $1107 for £74.

 

Thinking this too good to be true I headed to the ATM and there was no mistake, it let me draw out $700 . Shortly after the card was "suspended" and I was no longer able to use it.

 

On returning to the UK I dug out the T&Cs and there is nothing in that about reload errors only that if they suspend the card they will inform me in writing of the reasons. Being a bit cheeky I rang them up to query why my card had been suspended. They had to go away and check and rang me back later that day to tell me that it had been suspended until I paid them back $600 I owed them, if I didn't pay it back they pass me on to a debt collector.

 

Doesn't sound right to me, ok its obvious they screwed up but surely that is their problem and I just got a very good deal?

[labrat]

if it is an obvious mistake they can reclaim it, in this case it is not only an obvous mistake but one you not only noticed but took advantage of

 

i would contact them to explain that you are willing to pay back the amount but as it is their mistake you expect them to allow you reasonable terms such as paying X amount a month

[Floridasun]

Is your response based on some fact or experience or just opinion?

 

I was looking for advice on the legality of the situation. I have a receipt for the transaction where I "bought" some US dollars at a very good exchange rate.

 

Its like putting something through the till at Tesco and the barcode calling up the wrong price. Once they have completed the transaction is there a legal right for them to take the goods back.

 

How about the case at ASDA a few months ago where the petrol from the automated pump went through at £0.05 per litre, did ASDA have a right to claim all that petrol back?

[BazzaS]

Is your response based on some fact or experience or just opinion?

 

I was going to reply, but am now unsure how far I should go in answering, as I don't really wish to be challenged on if it is "fact, experience or just opinion".

 

The FOS had guidance on "mistaken deposits", and you should also consider the Theft Act 1968 - see below

 

I was looking for advice on the legality of the situation. I have a receipt for the transaction where I "bought" some US dollars at a very good exchange rate.

 

Its like putting something through the till at Tesco and the barcode calling up the wrong price. Once they have completed the transaction is there a legal right for them to take the goods back.

 

How about the case at ASDA a few months ago where the petrol from the automated pump went through at £0.05 per litre, did ASDA have a right to claim all that petrol back?

 

With your somewhat aggressive response to the previous reply I'm not sure if you are looking for advice, or just people validating your erroneous response.

 

From - http://www.money.co.uk/article/1005023-can-you-keep-money-accidentally-paid-into-your-bank-account.htm

 

Keeping any money wrongly credited to your account, could lead to you being charged with ‘Retaining wrongful credit’. The 1968 Theft act defines this as: "A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it".

 

It goes on to say that: "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."

 

So : it's not the same as Asda billing wrongly, or a wrongly priced "intent to treat" not being corrected before the contract of sale being concluded.

 

You knew it was meant to be $110. The $1100 is a "wrongful credit" (or at least, the difference between $1100 and $110, so $990 is a wrongful credit), and you knew it then, and know so now :

"I was somewhat surprised to see they had actually reloaded the card with $1100. I have a receipt showing they "sold" me $1107 for £74. Thinking this too good to be true...."

"ok its obvious they screwed up but surely that is their problem"

 

Keep it at your peril.

Edited August 27, 2013 by citizenB
restored broken link

[freakyleaky]

You need to pay the money back. Keeping it is theft.

If for some reason you have spent the money then I am sure they will give you time.

But you do need to pay it back or otherwise be a thief.

[Floridasun]

Thanks, everyone, for your input.

 

I checked this out with citizens advice this afternoon and been advised to challenge the card operator. This is not a "mistaken deposit" but is classed as a sale. As I have a receipt stating the exchange rate charged, the bank have therefore agreed that rate for the transaction (erroneous or otherwise). Not only do I not have to pay anything back but the balance left on the card is rightfully mine too.

[labrat]

Not only do I not have to pay anything back but the balance left on the card is rightfully mine too.

 

Good luck with that

 

your requested a deposit be made to a pre-pay account and provided the money for that

the agent simply converted that to a different currency and made the deposit

you dont buy or sell currency simply exchange it

the deposit was made in error and they are fully at will to recover it

 

dont forget to drop by for more advice once Thomas cook employ the use of a debt collector or issue court proceedings to recover the amount.

[Floridasun]

Good luck with that

 

your requested a deposit be made to a pre-pay account and provided the money for that

the agent simply converted that to a different currency and made the deposit

you dont buy or sell currency simply exchange it

the deposit was made in error and they are fully at will to recover it

 

dont forget to drop by for more advice once Thomas cook employ the use of a debt collector or issue court proceedings to recover the amount.

 

 

Thanks for your opinion.

[freakyleaky]

Labrat's opinion happens to be right.

The advice you have received is wrong.

 

Some advice my grandad always gave me ..........always do the right thing and you wont spend half your life looking over your shoulder!!

 

 

Good luck and be happy

[Conniff]

So when you do a transfer again for say £100 and it only deposits £20, you will be happy and say 'the bank dipped in', yea right you will.