Welcome to The Norfolk Broads Forum
This is THE Worlds Largest Forum devoted to the Norfolk Broads, here you can discuss issues about the Norfolk Broads. Or just somewhere to chat with others interested in the Norfolk Broads area.
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.
Je Suis Charlie
This message was edited by TerryTibbs on Apr-22-15 @ 2:43 PM
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.
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 .
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)
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.;)