Paid into wrong account

[righty]

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.

I agree but your 1st 'principal' should be not to get shafted again which might happen if you apply for an NPO because as Tools has already stated the costs of the NPO would be disproportionate to your loss

[Kensh]

Re: Paid into wrong account

Thanks righty but I am not applying for NPO as yet - my first approach is a letter to CEO and utilising services of FOS. I feel in the long run I will be vindicated - after all this post from Leclerc would seem to confirm the recipient of my wife's money is guilty of theft http://www.theguardian.com/money/blo...nding-it-theft

[righty]

Re: Paid into wrong account

I've never for one moment thought anything else They became guilty of theft the moment they decided to permanently deprive you of your money. Trouble is and always has been in recent years is getting the cops to act

[leclerc]

Re: Paid into wrong account

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

Tools, IF kensh fails to get the bank/FOS to do something and reading Ombudsman news 87, I think that is likely to be the case then is it possible to use something else, ie reputational risk in approaching them as a forum to try to put pressure on them to act in a manner that is more palatable or is it even possible to ask the police to act IF Kensh has clearly got confirmation that the person who has received the money has contacted the bank to state that they will not return the money(without any given reason...ie expected money from x,y or z and spent it?

[Kensh]

Re: Paid into wrong account

Thanks again lelclerc- just to clarify that my understanding is that recipient of my wife's money has not stated that he/she will not return the money - he/he has simply not responded to Santander's request- with the result that Santander have closed the case.

[Tools]

Re: Paid into wrong account

Kensh can formally request the account holders details by simply writing to them, whether they give them up easily is a different matter. He could as report it as a theft to the Police, again how they would proceed is questionable. Either way he has to exhaust the compliant to bank and then Ombudsman first, but in both cases I would make it clear that if the matter is not resolved he will be making a report to the Police and the banks unwillingness to assist will be noted in aiding and abetting a criminal act

[Tools]

Re: Paid into wrong account

Oh, and he could also say that as a member of Legalbeagles he will make sure the story is put into the press or media, I am happy to facilitate that if they are interested. Just so happens that Radio 4 have asked us to contribute to a show they have in mind, possibly a live phone in next Wednesday. One of the subjects being........................money paid into the wrong account :tongue2:

[Kensh]

Re: Paid into wrong account

Thanks again Tools - just one question - how would I obtain the account holders address in order to write to them? Would I not need the FOS or an NPO to obtain this? Or when you said "formally request the account holders details" did you mean make the formal request to Santander?

[leclerc]

Re: Paid into wrong account

You could write a letter and ask if the bank would pass it onto the account holder as no breach of data protection would take place by you sending a blank envelope with a stamp on with the letter inside...make sense? Could even go into a branch of the bank and do this

[Tools]

Re: Paid into wrong account

Thanks again Tools - just one question - how would I obtain the account holders address in order to write to them? Would I not need the FOS or an NPO to obtain this? Or when you said "formally request the account holders details" did you mean make the formal request to Santander?

Yes, make a formal request to Santander first, worth a shot. Then again if/when you make a complaint to FOS, try and obtain the account holders details at each stage, one of them may just give you it. In both cases make it clear that if you do not receive it you will take it further with the Police to get the info.

[righty]

Re: Paid into wrong account

I had a similar problem with a large institution but when I pointed out their refusal to cooperate could be considered as money laundering particularly as they now knew the transaction to be fraudulent..........that got a response and the funds were restored

[Kensh]

Re: Paid into wrong account

Here is an update on my wife's misdirected payment saga. I have contacted Ombudsman who has written to Santander initially to request confirmation that the case, as far as they are concerned is closed.
I have continued to have phone conversations with different staff members from Santander Complaints Dept. They accept that have signed up for Payment Council Code but refuse to accept that they have an obligation as cited in a PCC press release 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…
The Bank have hidden behind DPA to refuse to tell me by what method they contacted the recipient, what they requested of the recipient and how often they communicated with him/her but my impression is that it was just the once.
They are sympathetic with my point that banks should do all they can to ensure the security of their customers money and agree in principle that is would be a good thing to return to the system in which bank account nos and bank account holders names needed to match in order for a transaction to take place. This is an idea which I intend putting to the CEO when I write to him- I have been waiting to ensure the case was closed before doing this.
On saying all this believe it or not my wife is receiving back from Santander the £118.00 in dispute plus a £30.00 gesture of goodwill for the inconvenience this has caused- why? Because the latest staff member I spoke with checked back over the initial phone calls my wife had with Santander and saw that she was misinformed by a bank representative who told her that the money would be back in her account by a certain date - which of course she was not authorised to do.
Victory ? Not really - it is nice to get the money back but someone has, in my view, still stolen £118.00 and unless someone makes a stand then all others that receive misdirected payments will be placed in the invidious position of being tempted to ignore the one and only request to return it they are likely to receive from the bank and so in fact become guilty of theft. When I put this point to Sandander they said that it was not theft as my wife had requested the money be transferred into said account - requested yes but by accident not design. The Bank also said that a misdirected payment is like a misdirected letter- not so - if one misdirected a letter one could contact the recipient without breaking any DPA simply by referring to telephone directory and then contact the recipient directly. Do I will continue with FOS - also writing to the CEO - I really think the answer to avoid misdirected payments is not more whistles and bells warning customers before they push the "Go" button for a transaction - but that the on line banking systems revert to the tried and tested method of bank account no sort code and name of bank holder needing to match.
:tinysmile_twink_t2:Phew that feels better - thanks for your patience

[des8]

Re: Paid into wrong account

Well done for standing up and getting the refund.

Whether or not it is worth continuing, and I appreciate your concerns and desire to stop (many) others falling into same position, only you can decide if it is worth banging your head against a brick wall.
I cannot see the banks returning to a system where they check names etc 'cos of costs and delays t would cause.

[Kensh]

Re: Paid into wrong account

Thanks des8- I appreciate that it is unlikely for banks to return to a more rigorous checking system because of delays and costs, however that was just one thought - and if that is not feasible then perhaps some other action is. My thinking is that if something does not happen then misdirected payments will continue unabated and surely that is bad for all concerned.

[righty]

Re: Paid into wrong account

Its illegal for a none recipient to open a true recipients mail even if it has been misdirected. It should be returned marked not at this address just as the payments should have been So this bank gets that wrong too

Incidentally any bank sending mail to the wrong person might find themselves punished by the ICO