Paid into wrong account

[Kensh]

Hi

I wonder if you can please help? My wife paid some money into the wrong account with Santander. We have had no joy reclaiming the money and would like to take the recipient to court - any advice please? Santander have apparently signed up for the Payment Council Code which states as below but at present no such advice is forthcoming. Also not sure how they could help without violating data protection act Thanks v much 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 -

[Tools]

Re: Paid into wrong account

What was the reason the funds were sent to the wrong account? Was it an error when entering account details? A brief explanation of what happened would help us to advise better. Also how much was transferred and when

[Kensh]

Re: Paid into wrong account

Thanks for getting back to me so quickly - the amount was for £118.00 and was sent to an incorrect bank account no. The bank - Santander of recipient is same as that of my wife. Basically she was trying to pay money into her brothers account to pay for a hotel bill - however the account no was incorrect and thus went into the wrong account - at present it would appear that the recipient is not wishing to repay the money even though he/she has been contacted by the bank. The fact that the name of the owner of the account is different to that of my wife's brother does not seem to matter - also that the recipient seems to have ignored the ref on the payment "dad's birthday hotel" which he/she would have definitely seen. Thank y

[Tools]

Re: Paid into wrong account

Thanks for that. The only account identifiers needed are sort code and account number. I will try dig out some further information for you. I assume Santander has told you that if you do not agree with their decision you can contact the Financial Ombudsman Service?

May take me a while to get back to you but please keep checking back and feel free to give me a nudge later

[Tools]

Re: Paid into wrong account

Ignore that found it straight away.

Have a read here and come back to ask further questions after

http://www.payyourway.org.uk/special...cted-payments/

[enaid]

Re: Paid into wrong account

Bit more info for you

http://www.thisismoney.co.uk/money/s...-slip-ups.html

[Kensh]

Re: Paid into wrong account

Thanks again- At present Santander are saying that there is nothing else they can do. I pointed out to them that they have signed up for the code put forward by the Payment Council - the pertinent part of which I put in bold to you in a previous message i.e there is more actions they can make. I am sure that Santander have contacted the recipient of the money that incorrectly went into his/her account it is just that it seems he/she is not prepared to pay in back - which I would have thought was a criminal act.

[Tools]

Re: Paid into wrong account

Ask Santander for the account holders details as you intend to bring a claim against both them and the account holder, I'm guessing they will use the Data Protection Act as a get out but worth a try.

[Kensh]

Re: Paid into wrong account

Thank you - actually I had seen this info before - I lifted some of it in that quote I sent you which I have posted again below. I suppose I just have to wait to see what "actions" Santander can come up with. Was just looking to see if anyone had been in a similar situation and could advise. It is disappointing that someone has received an amount of money by mistake that is not their own and is not prepared to return it - however I will keep you informed as to what Santander are prepared to do - if the code says the following then I intend to ensure they deliver!

• 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.

[Tools]

Re: Paid into wrong account

In order to take court action against the account holder you first need to know who they are, the only people who can tell you that in reality is Santander

[Kensh]

Re: Paid into wrong account

Absolutely and there lies the problem - how can Santander tell me the recipients name without breaking data protection? So I wonder what the Payment Council had in mind when they put in their code a reference to the possible action of taking someone to court when that person is not prepared to return money placed in their account by mistake? Thanks Tools

[des8]

Re: Paid into wrong account

Someone else with a similar problem posted this elsewhere:
Yay! Finally I have my money back!!!! I contacted the ombudsman a month ago and filled in a form. They said I may have grounds for a complaint agains Santander who did not try hard enough to recover my money for me. I have heard nothing from Santander since late April but all of a sudden I received a one sentence letter from them telling me the money is back in my account. Very odd, given that they told me they made contact with the holder of the account which held my money in error in April. Why the sudden change of heart? Anyway I guess if you involve the Ombudsman it might just get the bank to work a little harder for you.

[Kensh]

Re: Paid into wrong account

Brilliant - ombudsman next stop Thanks v much again :tinysmile_twink_t2:

[righty]

Re: Paid into wrong account

Ask Santander for the account holders details as you intend to bring a claim against both them and the account holder, I'm guessing they will use the Data Protection Act as a get out but worth a try.

If they do attempt to hide behind the DPA remind them that it is an offence to use the DPA to try and conceal criminal behaviour. Santander themselves could be accused of money laundering.

Remember the DPA was NEVER intended to be used by the likes of Santander to conceal criminal behaviour and to do so is an offence

[Tools]

Re: Paid into wrong account

How about an NPO righty? Norwich Pharmacal Order