Paid into wrong account

[Kensh]

Re: Paid into wrong account

Thanks StevemLS your comments are appreciated. Obviously we have a slightly different definition of theft - mine is pretty basic - taking something that does not belong to you.

I would not argue with what you say about DPA - it was someone else on the thread that suggested it could not be used to conceal criminal behaviour. I am not going down that road anyway - apparently other people who have been in similar position to that of my wife have had money reimbursed from Santander either by evoking NPO, writing to CEO, or utilising services of Ombudsman. At the moment I am pursuing the last two. Part of the principle for which I am fighting is that until online banking really is foolproof then misdirected payments will continue- if it becomes common knowledge that recipients can keep monies they receive by mistake without any real consequence then the temptation for all future recipients not to reimburse will increase and consequently the chances of people making bank transfer mistakes being reimbursed will be reduced.

[des8]

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

The text does not, as far as I can see, exist in such a bold form.
You need to read the code itself, together with the Guidance on code of best practice.
They do not make it easy, hence you can quite legitimately quote from their press release, and mention the Code and the Guidance, IMO.

[stevemLS]

Re: Paid into wrong account

Kensh - not sure if it is appreciated that all an NPO will secure for you is the name and address of the recipient. You then follow the same route for trying to secure repayment of debt as anyone else.

I agreed with complaint to FOS and/or CEO.

All I am trying to do is warn you of risks and attempting to stop you throwing good money after bad.

I wish you well.

[des8]

Re: Paid into wrong account

Theft Act 1968:
1 (1) A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it
3 (1)Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as owner

[stevemLS]

Re: Paid into wrong account

Any there are any number of cases dealing with the interpretation of dishonest, appropriate, property, intention and permanent deprivation each of which could be found wanting in a case like this.

If any element is not made out, neither is the offence.

[Kensh]

Re: Paid into wrong account

Thank you StevemLS - I appreciate your advice and your good wishes - I hope not to have to pay for any legal services and that the letter to CEO and/or FOS will do the trick - I am hopeful as these seemed to have worked for others in the past. However as it is a principle I am fighting I would not rule out paying for court action. thanks again

[Kensh]

Re: Paid into wrong account

Thanks for this Des8 - So I suppose there is a " sub debate here" - Is the recipient of my wife's money guilty of theft if he/she does not return it? In my basic definition of theft - taking something that does not belong to you he/she most definitely is, however not sure after reading stevemls's comment whether this would hold up if I did try to take recipient to court

[des8]

Re: Paid into wrong account

From your earlier posts (which I haven't reread) I think you said the recipient had been advised of the error, but has declined to return the cash.
If it is the intention to retain it that act as become theft.

[Kensh]

Re: Paid into wrong account

Brilliant - thanks v much des8

[wales01man]

Re: Paid into wrong account

How much would it cost to get a NPO and any other legal actions that may have to be taken.

[leclerc]

Re: Paid into wrong account

http://www.theguardian.com/money/blo...nding-it-theft

What was interesting to me was the comment underneath the article ie theft by finding......might be worth a shot...

[Kensh]

Re: Paid into wrong account

Thanks leclerc - that is indeed really interesting and encourages me to "see this one through"

[Tools]

Re: Paid into wrong account

How much would it cost to get a NPO and any other legal actions that may have to be taken.

Disproportionate to the amount sent in error I'm afraid Wales

[Kensh]

Re: Paid into wrong account

That maybe true Tools and thanks again for your ongoing advice and support but sometimes you have to pay over the odds to fight for a principle.

[righty]

Re: Paid into wrong account

Disproportionate to the amount sent in error I'm afraid Wales

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Agreed Tools AND the applicant will be liable for the respondents costs which could amount to a few bob