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Legal Question

Posted: Fri Aug 25, 2006 12:09 am
by Alexis Silver
Hey there,

Can anyone reccomend a lawyer who has knowledge about adult websites? Or, maybe one of you lovely peeps can help. Basically, I checked the account page of my web page last week and it said I had a certain amount in there. This figure was at least 10 times what it had been the week before. Today when I looked again, the figure was closer to what it had originally been. What I'm wondering is, does the credit processing company (Ymogen) have to honour the higher amount?

Alexis

Re: Legal Question

Posted: Fri Aug 25, 2006 10:09 am
by Peter
Are you saying they made a mistake, realised it, and recovered the overpayment?

If so, (and assuming we're working under UK legislation) then they can take back/ask for it back at any time. The money is never yours, and if you spend it or try to move it to another account, you then commit a criminal offence in doing so.

However, any interest the money may earn is yours to keep.

Re: Legal Question

Posted: Fri Aug 25, 2006 1:55 pm
by Will Hagen
Peter is correct in what he says. This is assuming that the credit processing company made a mistake and is recovering the overpayment.

Will Hagen

Re: Legal Question

Posted: Fri Aug 25, 2006 2:04 pm
by NeilUK
I think they should have kept you informed rather than just take it but I guess its the same as overpaying salaries
If my employer overpayed me one month they have the right to take it back. I would be expected to inform them of the error, if I spent it in the knowledge that it was there by mistake I think it would qualify as theft. My employer would however keep me fully informed as to when they would be taking the money back, rather than just taking it


Neil


Re: Legal Question

Posted: Sat Aug 26, 2006 8:45 am
by Skunk
NeilUK wrote:

> I think they should have kept you informed rather than just
> take it but I guess its the same as overpaying salaries
> If my employer overpayed me one month they have the right to
> take it back. I would be expected to inform them of the error,
> if I spent it in the knowledge that it was there by mistake I
> think it would qualify as theft. My employer would however keep
> me fully informed as to when they would be taking the money
> back, rather than just taking it
>
>
> Neil


I don't think they can take it back without your consent, no employer is allowed to deduct anything from your wages that has not been previously agreed/signed only the taxman is allowed to do that :(


Re: Legal Question

Posted: Sat Aug 26, 2006 12:23 pm
by Joe A
Guy's

It's only the stats that have shown changes. This happens often with CCBill as an example. One little gremlin and figures can go wrong. Most processors will see the mistakes and repair them. If no money has been paid out against the incorrect figures.. That's it, just a mistake.

Alexis ...

Have you contacted the processor and asked them about the problem ? If not, that should have been the first thing to do asap.


Re: Legal Question

Posted: Sun Aug 27, 2006 8:51 pm
by Alexis Silver
Thanks for all the different advice and comments. I'm waiting to hear back from my web guys to see what's going on.

Alexis xx