wise bank scam : help court action

[mrrhelp]

Hello all,

I made a mistake and sent a substantial amount of funds to the wrong recipient, who is a Wise bank customer. Unfortunately, Wise bank's support is awful; they are not providing details of their customer. I researched online and found I need a court order for Wise bank to give us details of the wrong recipient so we can try to get our money.

Please help with:

1. Which court to apply to?
2. Which form to fill out?
3. Do I need to fill out a witness statement too?
4. I asked Wise for their address, but they have not replied. Do you know Wise bank's address so I can put it on court documents for service?" thank you very much

[JK2054]

Hello,

Please clarify are you suing wise or the recipient?

Who did you send the funds to/how did the error arise?

I can't help with the rest without this info.

[mrrhelp]

Hello, thanks.

I want to sue the wrong recipient, but we can't as we don't know who they are. The last digit of the account number was wrong and the money went to someone else. I asked Wise to send me the wrong recipient's details so I can start legal action, but they can't due to GDPR. I will need a court order against Wise to compel them to give me the wrong recipient's details, such as name, address, and contact information. Then the next step will be to sue the wrong recipient. The first step is to sue Wise to compel them to give us the wrong recipient's personal details, as the wrong recipient is their customer. Wise is not helping.

[mrrhelp]

Hello any one please help its lrge sumand longer we wait more chance its lost thanks

[JK2054]

Hello,


I am sorry for the delay in the response. Please alllow up to 24h as I am a volunteer who has other matters to attend to.

You should be able to ask your bank to begin recovery action of the missent funds.

I'm sorry but you'll struggle to sue wise for your own error, and if you don't know the recipient's address you can't sue them either.

You won't be able to sue wise to get them to give you their customers details, and if you try you may end up with a large costs order against you.

I'm sorry this response isn't more favourable but you need to start with your bank and askign them to recover the funds.

[mrrhelp]

Hello i have done my research we need court order to compel wise bank to release customer details . Please read the intitial post . All i need is help with please as following
1

1. Which court to apply to?
2. Which form to fill out?
3. Do I need to fill out a witness statement too?
4. I asked Wise for their address, but they have not replied. Do you know Wise bank's address so I can put it on court documents for service?" thank you very much

[mrrhelp]

Hello any senior member please help

[Pezza54]

If you have written to Wise Bank and they are refusing to help, you should lodge a complaint about the bank with the Financial Ombudsman Service
Try telephoning the FOS helpline first about your case and also contact CAB
The bank is authorised by the Financial Conduct Authority.
You can search on Companies House register for more info.including their address and also on their website

[mrrhelp]

Dear Sir,

Thank you. We filed a complaint with the FCA, but although Wise is regulated, it is not a signatory. Here is the FCA's reply:

"Wise attempted to recall the payment within a few days of the matter being reported. While it might have done this a little sooner, the beneficiary did not respond, so it's very unlikely any earlier action would have made a difference. Unfortunately, the chance of recovering funds sent internationally is very low and, in my experience, often reliant on the consent of the beneficiary account holder."

Wise says that to be able to provide the details of the wrong recipient, they need a court order. Therefore, please tell me:

1. Which court should we apply to in order to compel Wise to provide the wrong recipient's details so we can sue the wrong recipient?
2. Which form should we fill out? Is it form N244?

Thanks.

[JK2054]

You can't take wise to court, they haven't done anything wrong.

Frankly I'm not sure why PEZZA suggested writing to the ombudsman because wise have done nothing wrong. You sent the funds to the wrong account, and wise have a duty of privacy to their custonmers. The funds were sent internationally as well, so you won't have any success with legal proceedings because the recipient won't be bound by UK law and you are very very very unlikely to sucessfully understand and litigate any form of international proceedings.

You sent the funds to the wrong account and the funds have been transferred internationally. They have attmepted to recall them and they can't be recalled. Wise haven't done anything wrong in this situation and they have a duty of care to protect their customers information.


Moving back to the ombudsman suggestion, your complaint would very likely be dismissed under DISP 3.3.4 (3) as having no reasonable prospect of success. In the same, or in the alternate, any legal proceedings you issued against wise would likely be struck out CPR 3.4 2(a).

I'm sorry this response isn't more favourable but its the truth.

If you have any other questions please post them.

[Pezza54]

The FOS may provide a remedy if the OP makes a complaint against the paying and/or receiving bank for failing to take reasonable steps to help OP recover the funds mistakenly transferred (a breach of the Payment Services Regulations 2017)

[echat11]

The FOS may provide a remedy if the OP makes a complaint against the paying and/or receiving bank for failing to take reasonable steps to help OP recover the funds mistakenly transferred (a breach of the Payment Services Regulations 2017)

But the OP says Wise tried to recall the payment. Wise will show they tried.

[mrrhelp]

Dear Sirs,

Thank you. Wise is ready to share customer details, but they need a court order or judgment. Once I have the customer details, no matter where they are in the world, I will hire a local lawyer to pursue the case. It is also a criminal offense to use funds landing in one's account that they are not expecting.

All I need is a court order to start the process and get the details of the recipient from Wise. Therefore, please tell me:

1. Which court to apply to in the UK.
2. Which form to fill out to compel Wise to provide recipient details so we can pursue the matter.

Thank you.

[mrrhelp]

To avoid confusion, we are not taking Wise to court to recover the money. We are taking Wise to court as per their own requirement, so that they can share the details of the wrong recipient. Once we have those details, we will sue the wrong recipient directly.

[Pezza54]

What are reasonable steps is a matter of fact. Wise would have to prove to the FOS that they took reasonable steps. What Wise said they did and actually did may be different. Did Wise act quickly after OP reported their mistake?
OP stated Wise's customer support is awful.