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Bank paying out a standing order after account frozen

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  • Bank paying out a standing order after account frozen

    My second post regarding my late mum.The solicitor in charge of mums finances while alive has informed me that although mums account was frozen and all standing orders had been cancelled,the care home mum lived in have been paid out twice post death from the account.Are the bank legally responsible for these payments to be re paid?Or is it the care home who have illegally asked for these payment?She didn't owe any care home fees.
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  • #2
    How were the payments made? Was a Direct Debit set up so it's the care home calling on the DD ? And had the Bank not cancelled DD's when they froze the account? Do you have the statements from when the payments were made?
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    • #3
      Originally posted by Amethyst View Post
      How were the payments made? Was a Direct Debit set up so it's the care home calling on the DD ? And had the Bank not cancelled DD's when they froze the account? Do you have the statements from when the payments were made?
      Thank you Amethyst,I have been informed by the solicitor that payments were made by standing order.The solicitor has also informed me that they(the solicitor) instructed the freezing of the account and cancelling the standing order on mums passing.

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      • #4
        If the bank are instructed to cancel a standing order before the deadline for payment, and they still pay it, it will be considered an unauthorised transaction and your bank must give you an immediate refund.

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        • #5
          I'd just emphasise "before the deadline for payment", as automated payments may be queued up in advance at some banks. Doing it twice, though, sounds completely wrong.

          Even if the money is returned to the account, there's the solicitor's time spent on it, which equates to fees paid out of the estate.

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          • #6
            Originally posted by des8 View Post
            If the bank are instructed to cancel a standing order before the deadline for payment, and they still pay it, it will be considered an unauthorised transaction and your bank must give you an immediate refund.
            Thank you

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            • #7
              Originally posted by 2222 View Post
              I'd just emphasise "before the deadline for payment", as automated payments may be queued up in advance at some banks. Doing it twice, though, sounds completely wrong.

              Even if the money is returned to the account, there's the solicitor's time spent on it, which equates to fees paid out of the estate.
              Thank you.I have asked the solicitor to keep me informed about costs of retrieving monies in respect of querying the bank and the care home.I don't see why these costs should be burdened on the estate.I will have to also make sure the solicitor didn't make any mistakes in administering mums bank account freezing/cancelling orders etc even though they claim that they have done everything needed.I personally have contacted both the bank and care home myself but not had any reply as yet.

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              • #8
                Originally posted by redfox View Post

                Thank you.I have asked the solicitor to keep me informed about costs of retrieving monies in respect of querying the bank and the care home.I don't see why these costs should be burdened on the estate.I will have to also make sure the solicitor didn't make any mistakes in administering mums bank account freezing/cancelling orders etc even though they claim that they have done everything needed.I personally have contacted both the bank and care home myself but not had any reply as yet.
                Are you the executor, or is the solicitor? It may make a difference to whether the bank will deal with you.

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                • #9
                  Originally posted by 2222 View Post

                  Are you the executor, or is the solicitor? It may make a difference to whether the bank will deal with you.
                  I am an executor,the solicitor is administering for me.

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                  • #10
                    Another angle on this standing order.The care home knowingly received payments from the bank that they knew shouldÂ* have not been paid to them.No. Member of the family was informed by the care home of these overpayments and only came to light 6 months after when I looked deeper into the finances.The home knew of mums death the day she passed and indeed her room was re occupied the day after passing.He funeral even began at the care home.The cynic in me thinks the home was trying it on.

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                    • #11
                      Has the money not yet been returned by the bank?
                      Have you requested the bank refund the money?

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                      • #12
                        Originally posted by des8 View Post
                        Has the money not yet been returned by the bank?
                        Have you requested the bank refund the money?
                        The care home have refunded it to the estate now,not thebank, but fail to explain why we wasn't informed until I probed 6 months down the line because if I wasn't so thorough they wouldn't have told us.The bank account was closed in late June and it was December when I found the missing money

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                        • #13
                          At least you got it back... lucky you were vigilant.

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