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Posted By Discussion Topic: Hypothetical situation?

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boat-mad
Apr-22-2015 @ 2:19 PM                           Permalink
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Chev hi,

I sympathise with your friend and I have heard horror stories where someone has done a typo perhaps reversing a couple of digits and significant sums of money ending up in the wrong account.  I have seen on TV cases where this has happened. It would appear that you can not simply have a transaction reversed and from what I gather your bank is not allowed to tell you who the money has gone to and only your bank can contact their bank.   If someone is genuine I would think that they would voluntarily transfer the cash back but unsure if this is enforceable.

I am paranoid when it comes to transferring significant sums of money and check the target account details again and again.  I sometimes transfer a small amount initially to check I have got it right.  It’s so easy to make a mistake especially for someone who may be even the slightest dyslexic as I reverse numbers and letters at times. Confused

Please note that the content of my post is only based on what I have read, heard and seen on TV.  I can not say that it is fact.

At least your friend knows who the money went to so hopefully the situation will get resolved. Cheers

I have since found this which your friend may find of help. http://www.moneysavingexpert.com/banking/send-money-wrong-account

Kind Regards
Alan...
www.mynorfolkbroadsboating.co.uk/


This message was edited by boat-mad on Apr-22-15 @ 2:41 PM

TerryTibbs
Apr-22-2015 @ 2:26 PM                           Permalink
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Hi, I think your bank is messing you around, you can reclaim any payment made for up to 28 days unless the refund is contested by the receiving account holder your bank merely claims it back it is standard practice, this is the same even with a cheque which has passed the "cleared" stage.
p.s. edited to read, they can reclaim any payment up to 28 days unless the refund is contested and there are sufficient funds to enable the reclaim to be made.

Dave Cheers

Je Suis Charlie

This message was edited by TerryTibbs on Apr-22-15 @ 2:43 PM

ruby
Apr-22-2015 @ 5:09 PM                           Permalink
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Hi

Not convinced all the facts are in a line. Pretty sure that if the boat company admits to having the money when they shouldn't have it then that is equivalent to theft and the police would prosecute if they refuse to give it back. Equivalent of theft by finding.

I find it almost impossible to believe a genuine company would be prepared to have its image tarnished in this way unless there was a back story possibly an earlier dispute or something similar.

Also very surprised the bank was not more helpful.

You don't give a clue to the amount as that may be relevant. One persons not very much is another's life savings particularly when boats are involved.

Good luck in sorting it.

Graham








Mercator
Apr-22-2015 @ 5:41 PM                           Permalink
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Agree with Graham - has your friend spoken to the MD of the boat company - if no joy take it to small claims court or if not a lot of dosh - name and shame



Steve & Maggie.


Not quite an ancient mariner ..... though some say he was at sea before Pontius was a pilate !

Paladine
Apr-22-2015 @ 6:09 PM                           Permalink
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Hypothetically, the money was paid (the method is immaterial) in error. The recipient has acknowledged receipt of the payment and that it was made in error, and has refused to return the money. IMO, this is could well be theft. Similar circumstances to R v Stalham [1993].

But the whole story seems rather odd to me - hypothetically speaking.

“I can assure the House that the Broads will not be changing their name.”
(The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs...Hansard 2007)

chev_chalios
Apr-22-2015 @ 7:23 PM                           Permalink
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Thanks everyone so far. Some interesting points of view and advice.
To clear up any confusion the mistake happened whilst using his phone. The boat company was a saved contact and he simply wasn't paying attention. He informed them within 10 minutes of the transaction going through and also has a clear e mail trail between him and the owner of the company where he has been asking for a refund. The owner of the company keeps stating that his bank is advising him to not refund until a formal request has come through from his bank.
My friends bank have followed through on this and have made a formal refund request and the beneficiary has not responded.
The owner of the company, having been shown the letter confirming this from my friends bank still could not see sense to resolve this between the 2 of them.
After another phone call today my friends bank have offered to refund the payment as a goodwill gesture so my friend doesn't have to pursue unnecessary costs to claim back ONLY £50!!!!
At least he now has freedom in his spare time as he will not constantly be on hold to a bank or on his e mail to an unhelpful company.
Hypothetically speaking of course.;)






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