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wise bank scam : help court action

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  • #16
    If you look at what the FCA said they took a few days but it wouldnt have made a difference if faster as beneficiary didn't respond.
    FOS will likely take same view as FCA

    and OP the way to get a court order for wise to give the detaisl would be to sue the beneficary but you can't get their details so you cant' sue them.
    also they are international so you won't able to sue them anyway because it will be out of jurisdiction.

    Comment


    • #17
      Sir,

      We are following up with the Financial Ombudsman Service (FOS) further. In the meantime, we want to take Wise to court so they can provide the wrong recipient's details for us to pursue further. Please advise which court to apply to and whether it is form N244 that needs to be filled out.

      Thank you.

      Comment


      • #18
        Hello,

        You don't seem to understand the process of taking someone to court. You can't take them to court just to get a recipient's details.

        You would need to sue the person who received the funds and then ask that as a part of that order their details be released. You can't do this though because you can't get a court order against them without knowing their details as you wouldn't have an address for service.

        No you can't use the form N244 because you don't have a court case.

        I suggest for your own sake, you are very very careful with starting legal action because if you launch in with what you are suggesting, I can very easily see you getting a cost order against you for thousands.

        You can see how you get on with the FOS but I don't see you getting anywhere with them I'm sorry because wise haven't done anything wrong.

        Comment


        • #19
          First the easy bit, their address. Go to their Privacy statement here and scroll down to the data controller list. The UK one is at Wise Payments Ltd at an address in London
          ​​​​​
          https://wise.com/gb/legal/global-privacy-policy-en

          That is also their Registered Office for the UK

          https://find-and-update.company-info...mpany/07209813
          ​​​​​
          Note that Wise is not a bank and isn't called "Wise Bank". It's a money services provider and is regulated as such.

          I understand that you are not trying to sue Wise. You are seeking a disclosure order against them to discover the identity of the account that received the funds in error. I'm afraid that's beyond my legal knowledge but I'm tagging atticus and R0b who may be able to help.

          Despite your thread title there is no scam here although there may be a crime by the recipient of the money.

          ​​​​​
          Last edited by PallasAthena; 25th May 2024, 17:07:PM.
          All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

          Comment


          • #20
            Thanks. I will wait for instructions from. @atticus on seeking a disclosure order against Wise to disclose the wrong recipient's details.

            Note: Due to the current times, many bank customers are victims of this kind of problem, so it is in the public interest for you to provide insight into this.

            Comment


            • #21
              @atticus

              Comment


              • #22
                PallasAthena why would you recommend the OP to try to get a disclosure order if the recipient is overseas.

                What are you expecting will happen even if he gets the order if the person isn't in the uk... theres no jurisidcition...

                Comment


                • #23
                  I am not recommending anything, just repeating back what the OP wants to do. Your point has already been made to OP and OP responded to say they still intend to pursue action in an overseas jurisdiction (post #13).

                  In any event whether it is worth the OP pursuing recovery action in an overseas jurisdiction depends on how much money is involved, what country the recipient is in and whether the recipient has assets in the UK, none of which we know.
                  ​​​​​​
                  Last edited by PallasAthena; 26th May 2024, 06:45:AM.
                  All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

                  Comment


                  • #24
                    Sorry I misinterpreted your post as you saying he should do it which confused me.

                    Tx for clarifying.

                    Comment


                    • #25
                      @jk i am sorry but i must say you are not being that helpful .
                      we will pursue the matter overseas if it requires .
                      amount is substantial more than 100 k
                      all what needed was court order for disclousure which wise is happy and not resisting and you have been scaring us woth court costs .
                      we want to pay court costs
                      all we need is procedure to get disclousure order thanks

                      Comment


                      • #26
                        Cannot offer much but suggest as its a large amount you should be consulting a Solicitor instead of a forum only a few Solicitors on here. Good luck hope it ends well

                        Comment


                        • #27
                          Keep the thread updated.

                          Comment


                          • #28
                            For £100K+, get a solicitor on the job. You should have done that on day 1. You can add the cost to your claim against the account holder.
                            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                            Comment


                            • #29
                              I am not a banker, but I am struggling to believe that over £100k can be electronically transmitted to the incorrect account abroad after getting one digit of the account number wrong
                              There has to be money laundering regulations that prevent this
                              Did Wise ask OP where the funds have come from?
                              Did Wise ask OP who were the funds going to?

                              Comment


                              • #30
                                Originally posted by Pezza54 View Post
                                I am not a banker, but I am struggling to believe that over £100k can be electronically transmitted to the incorrect account abroad after getting one digit of the account number wrong
                                There has to be money laundering regulations that prevent this
                                Did Wise ask OP where the funds have come from?
                                Did Wise ask OP who were the funds going to?
                                Some good points, for sums like that you should be using 'main stream' banks.
                                They check where the funds have come from for amounts over £3,000.

                                Comment

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