Lost £7,250 in NW transfer to Barclays

[Amethyst]

Re: Lost £7,250 in NW transfer to Barclays

Probably doesn't help as you don't know who the recipient was other than their account number but this is what Halifax say on this type of issue

If you get your payee's bank account details wrong

We are not responsible for any losses resulting from you supplying incorrect information at the time you make your payment. You should check that all the details you have entered are correct before sending your payment. Once a payment has been sent, it cannot be stopped, amended or retrieved.
If you entered incorrect details when making a payment, you will need to contact the receiving organisation direct to request a refund. To help you, we have created a letter template for you to download: External Payment Sent to Incorrect Details – Refund Required.You can print off the letter and use it as a guide to write your own letter. You may find the details you need on your payment instruction or most recent bill or letter from the organisation. You can find your own account details on your card or statement. You should send the letter to the receiving bank to try and recover the money. We cannot guarantee that you will get the money back.

[leclerc]

Re: Lost £7,250 in NW transfer to Barclays

Thanks for posting that.

I agree that there is no case against Natwest and the claim should be withdrawn, you should get agreement from Natwest/Cobbets that you can do this without incurring costs. Of course you will lose your original court fee paid.

I think you jumped in a little bit quick on this and you should be pursuing Barclays and/or their customer. I'm not sure but I think you can obtain an order against barclays to disclose the customer details who received the money and then you have to pursue the recipient for return of the money.

One issue which may be worth looking at is with the faster payments system is the name matched with the account number/sort code when a transfer is made at their end - should it have been rejected as the name didn't match ?

What contact have you had with the ombudsman ? Have you been through the banks complaints procedure in full (barclays) ?

The name would never be checked since it is a computerised system working on numbers only. If the account and sort code was wrong then yes it would be checked prior to either allocating the payment or returning it to the sender. I do think that Barclays can be more proactive with regards to their customer since they are using funds that do not belong to them and to which they clearly know are not theirs. Cetelco has quoted the case of Law above:

"if a person pays money to another under a mistake of fact which causes him to make the payment, he is prima facie entitled to recover it as money paid under a mistake of fact"
The above is clearly established in the Barclays Bank v. Simms case 1980.

[Amethyst]

Re: Lost £7,250 in NW transfer to Barclays

The should be more proactive, from the defence it sounds like they tried to call him once, no answer, and gave up lol.

But can you sue Barclays ?

[leclerc]

Re: Lost £7,250 in NW transfer to Barclays

BBC NEWS | Magazine | Can I spend that mysterious windfall?

Can I clarify if any updates to the Fraud Act have invalidated this?
Barclays should be able to disclose information for the OP to sue since they are unwilling to return the funds.

[leclerc]

Re: Lost £7,250 in NW transfer to Barclays

Don't thank me just yet but here is an almost template like way of doing this to recover your money but don't sue the bank
MONEY TRANSFERRED TO WRONG ACCT - HELP PLS | This is Money