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Senior memeber please help

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  • Senior memeber please help

    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.

    Please help with:
    - Which court to apply to?
    - Which form to fill out?
    - Do I need to fill out a witness statement too?
    - I asked Wise for their address, but they have not replied. Do you know Wise's address so I can put it on court documents for service?

    Thank you very much.
    Tags: None

  • #2
    Hello any one please help

    Comment


    • #3
      I'm not sure why you are posting on two threads but the response is the same.

      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 in your original thread.

      Comment


      • #4
        How much did you transfer?

        Maybe write a polite note, see if Wise can forward it on to the recipient of the funds.

        That might work, but it needs to be well written.

        Two threads just clogs up the site for all users.

        Comment


        • #5
          Wise have already forwarded it to the beneficary who didn't respond so wise couldnt get back the funds.

          so its already been tried.

          Comment


          • #6
            What jk is saying gorget it and mive on and its our life saving . Wise is happy to disclose details if we get court order for them to do so

            Comment


            • #7
              To obtain the order you are seeking you need to apply to the High Court for a Norwich Pharmacal Order
              Court fee is £569

              If it is contested your costs will rise

              Would not suggest you diy

              Comment


              • #8
                Both threads still running.

                Comment


                • #9
                  Posted for information only -

                  https://www.herbertsmithfreehills.co...n-proceedings/

                  Comment


                  • #10
                    Originally posted by Pezza54 View Post
                    Both threads still running.
                    Two threads are so annoying. But in saying that some people have started dozens.

                    Comment


                    • #11
                      If you have a sort code, then you maybe able to contact the institution overseas, see if their are any potential remedies.

                      Comment


                      • #12

                        Thank you very much. Both the wrong recipient and sender are Wise customers, and only the last digit was wrong. Don't you think Wise is responsible? Even though we informed Wise within 15 minutes of the transfer being made with the wrong last digit, they put us on a waiting list for 15 days. They could have simply frozen the amount straight away as they had access to both accounts.

                        Comment


                        • #13
                          Even though, according to them, we made the payment ourselves and we accept the mistake, the beneficiary name was different from the wrong recipient, and only the last digit of the account was entered incorrectly. We informed Wise within 15 minutes, and they could have frozen the wrong recipient's account as they manage both the wrong recipient and the sender.

                          Comment


                          • #14
                            Please read wise.com/gb/legal/terms-of-use-personal 14.Reversals and Chargebacks item 2a
                            Wise may reverse the funds if they have been sent in error, which is what has happened in OP's case
                            OP has stated the recipient is a customer of Wise and holds a Wise account
                            OP notified Wise 15 minutes after OP realised their mistake
                            Wise should have reversed the funds straight away

                            OP should make an official complaint with Wise as the company procedure and if they are unhappy with the response they should refer the complaint to the FOS. This organisation is mentioned under Wise's complaints procedure on their website
                            Last edited by Pezza54; 27th May 2024, 08:35:AM.

                            Comment


                            • #15
                              Thank you we are resubmitting complain to wisr thanksp

                              Comment

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