Paid into wrong account

[Tools]

Re: Paid into wrong account

I actually think that kensh should wait for Santander's decision, then go to the FOS before considering court action

[Kensh]

Re: Paid into wrong account

Thanks Tools and thanks to everyone else for their support and advice. I think I will see if Santander contact me tomorrow - if not I will chase them up - see what their response is and then get back to you guys for advice. Have to be honest at present I am not really sure what would be my best course of action would be as I have been advised to a) write to CEO - b) to contact Ombudsman- c) to utilise a NPO. I am also a little confused re DPA - in that Righty says it cannot be used to conceal criminal behaviour in which case cannot I simply demand Santander release me the details of the recipient?

[Tools]

Re: Paid into wrong account

A clearer action plan for you

• Chase Santander (including the possibility of an email to their CEO)
• If unhappy with their decision, submit a complaint to the FOS
• If then still not resolved consider legal action

If it hasn't been resolved following FOS then we can then, and only then, consider ways forward

[Kensh]

Re: Paid into wrong account

Thanks again Tools - I will take your advice. Can I ask you - when I make contact with Santander - if I can make the point that they cannot hide behind the DPA ? Even to the extent that I tell them that they cannot use the DPA to conceal what is criminal behaviour. Last point - does the Payment Council and its code which Santander have bought into have any clout? Thanks

[Tools]

Re: Paid into wrong account

The Payments Council code is voluntary and only used as guidance.

As for mentioning DPA, it is not important at this stage, the only thing I would mention to them is your disappointment at their decision (if it's a no refund) and tell them you will be taking it up with the FOS with a view to starting proceedings depending on the FOS decision.

[Kensh]

Re: Paid into wrong account

Brilliant thanks v much Tools - will be chasing Santander tomorrow !

[Tools]

Re: Paid into wrong account

Let us know how you get on

[Kensh]

Re: Paid into wrong account

Hi.

Received phone call from Santander who said that they had written to the recipient of my wife's money and that there was nothing more they could do as they had received no response from recipient and that the case, as far as they were concerned, was closed. I referred to the following from Payment Council Code which they were aware of but which they are obviously not adhering to.

• If funds can't be recovered, customers will be given clear and accurate information on the options available to them, which includes taking court action against the recipient.

Got straight through to Financial Ombudsman (which was very impressive) and given a ref no. On my wife's behalf they will be contacting Santander asking for notification that they have closed our complaint case. Apparently Santander have up to 8 weeks to respond to this but once received FOS can issue a form for us to complete that allows them access to DPA information. I am writing to CEO of Sandander, Mr Nathan Bostock telling him that if his bank signs up to something (the Payment Code) then they have a professional responsibility to ensure that the code is complied with. I will also tell him that if a bank sets up a service - in this case on line banking - then it is their responsibility to take as much care with their customers money as possible and that is obviously not the case here!

[Tools]

Re: Paid into wrong account

Thanks for coming back and updating us, FOS can be very good at times I hope they resolve this for you

[Kensh]

Re: Paid into wrong account

Hi Tools I wonder if you could help ? I am in the process of writing to Nathan Bostock CEO of Santander to complain about his bank's response to my wife's misdirected payment. From your link above I found the text in bold below but when reading the original Payments Council's Code of Best Practice www.paymentscouncil.org.uk/current_projects/misdirected_payments/ I could not find the relevant text from which to quote. So I wonder from where "Thismoney.co.uk took the quote - thanks

• If funds can't be recovered, customers will be given clear and accurate information on the options available to them, which includes taking court action against the recipient.

[stevemLS]

Re: Paid into wrong account

Whilst by all means, use a complaint to the FOS, but it seems to me that suggestions of NPOs in order to recover £118 is entirely out of proportion.

Playing devil's advocate, Santander are right observe their obligations under the DPA. Indeed it is not their data that is required, it is the recipient banks.

What is this criminal offence of using the DPA to conceal crime.

As far as the bank is concerned, they carried out their customers instructions. What is there to suggest to them that a crime has been committed?

[Kensh]

Re: Paid into wrong account

Thanks but Santander is the recipient's bank!

In response to your statement "What is there to suggest to them that a crime has been committed?" I would say that Santander accept that one of their customers has money that does not belong to him/her and refuses to return it- it is just that apart from writing one letter requesting the recipient to return the money they are not prepared to do any more. Some may be of the opinion that the recipient have been fortunate to have received a "windfall" however my opinion is that they have been guilty of what can only be described as theft. It cannot be compared to picking up money from the street - in this case the recipient knows from where the money has come and has the means to return it but refuses to do so. Lastly it does not matter if the amount is £118.00 or £11800.00 it is the principle that I am fighting for.

[des8]

Re: Paid into wrong account

Hi Tools I wonder if you could help ? I am in the process of writing to Nathan Bostock CEO of Santander to complain about his bank's response to my wife's misdirected payment. From your link above I found the text in bold below but when reading the original Payments Council's Code of Best Practice www.paymentscouncil.org.uk/current_projects/misdirected_payments/ I could not find the relevant text from which to quote. So I wonder from where "Thismoney.co.uk took the quote - thanks

• If funds can't be recovered, customers will be given clear and accurate information on the options available to them, which includes taking court action against the recipient.

Try http://www.paymentscouncil.org.uk/me...s/-/page/2867/

[stevemLS]

Re: Paid into wrong account

Apologies if it was clear Santander was recipients bank.

However, what they have is you asserting that you (your wife) miskeyed recipients bank details, they have written to recipient who has not responded. That is hardly evidence of theft.

I do understand what you are saying, but I am suggesting that the DPA does in fact protect the recipient on this occasion.

You may consider the principle to be worth fighting for, I am suggesting to you that as with any litigation, it is important to balance the likely costs against the likely benefit.

As far as I understand it, you would be unlikely to recover costs of pursuing this information by means of litigation seeking an NPO against anyone.

[Kensh]

Re: Paid into wrong account

Thank you - so do you think I can quote from this to CEO of Santander ? I can't find the same text in the code's actual document but obviously this "what the customer can expect" comes from a media release from Payment Council so methinks it should be okay to quote- perhaps I will use the link you have kindly sent in my letter to CEO