Bank Reclaim out my account LTSB

duggie1982

I wonder if anyone can help.

I had £165 taken from my account yesterday (reclaim by Lloyds TSB) as I had a standing order set up with someone owing me money. The other person set up a standing order to my RBS credit card account, so i was getting this money paid into my account each month but now the bank wrote to me advising it came out of someone elses account and have to reclaim the money. I sent them a letter below but no response and they took the money from MY account yesterday. Surley this is the mistake with the bank and the other person, not me!

21/06/2010.

To whom it may concern,
REF: xxx
Case ref: xxx
Thank you for your recent letter dated 15th June 2010.
I am confused that you are writing to me about this matter as the standing order that went into my RBS MasterCard account was set up by a third party from their bank account into my RBS account as this was a personal matter to pay me monies. This standing order was not set up by me and I understand what may have happened in error at your end this is not my responsibility as my ties were with that person concerned and not Lloyds TSB. This money was paid in full to me and this seems to be an error in your part.
I first want to know how you got my address etc. as this person who set up the standing order did not have any of my personal details apart from the details used to set up a standing order. I do bank with Lloyds TSB but someone in Lloyds must have broken some sort of DPA by accessing an old standing order that went from my Lloyds account to my RBS account which was cancelled a long time ago and writing to me about this matter and not the person who set up this standing order. I suggest you take this up with the person that set the standing order in the first place.
Your recent letter also stated you would debit my account with £165. I do not authorise this as I do not have contact with the person that originally set up the standing order so have no way in recouping this money back and as the standing order was in no way linked to my personal banking with Lloyds it is not my responsibility to pay this back.
It states on the letter that my account will be debited on the 30th June 2010. If this goes ahead then not only will I cut all ties with Lloyds but I will also be contacting the financial ombudsman service to raise a complaint stating the above points.
I have also seen my bank manager to try and rectify this but he was unable to help and advised me to call the number on the letter even though the letter advised I could visit my branch. The telephone number on your letter is only available between 9am-4.30pm which is no good to me as I work during these hours.

To summarise:
· I did not set up the original standing order
· I do not have any responsibility to pay this back as this mistake is with the bank
· Someone within your company used my account to write to me and not the person who set the standing order up in the first place
· As far as I’m concerned the correct person paid me the amounts owed into my RBS account and my relationship with them is now finished
I would appreciate that no further contact chasing this amount is directed to myself. You may contact me on my mobile 11111111 if you wish to have anything clarified.
I am no longer in contact with the person who set up the original standing order to get permission to forward you their details, but frankly this is not my responsibility for me to help with your mistake.

Regards.

Any advise would be good as on holiday the now and would like to sort this out once back in the UK

Thanks

Mikeyorks

duggie1982 wrote: »

but now the bank wrote to me advising it came out of someone elses account

It sounds as though whoever has been paying you has (fraudulently) set up a SO from someone else's account ........ so their Bank will be reclaiming the funds.

You need to contact your debtor - not your Bank.

duggie1982

But why should I be held responible? The only reason they got my contact details is that I also bank with them. I would have thought the agreement was with the other 2 parties not myself.

Mikeyorks

duggie1982 wrote: »

But why should I be held responible? .

You're not being held responsible. But the money sounds to have been siphoned from an innocent party's bank account and into yours? It's called fraud - and the bank who the fraud has been perpetuated upon will be recovering their money.

Not sure where they got your address from - is it important? At least they wrote to you and didn't simply recover the money and leave you to work out why.

dzug1

If it's actually a mistake, whoever's mistake it is, you are on a loser. The expectation is it will be put right. The money goes back into the account it was taken from and taken out of the correct account and you get your money back.

It sounds to me that your 'friend' has committed fraud. Whether that's against you, the bank or an innocent third party is up for proof. The danger for you is that you may be suspected of collusion with him.

On the face of it it sounds like your 'friend' hasn't paid you anything and still owes you the money.

duggie1982

Well if they did not have my details then they would not get my details including my bank account with them. I understand about them wanting their money but that should be delt with the op who set up the standing order in thier branch.

zppp

I'm afraid there is nothing you can do here. You had a payment go into your account from a fraudulent source. The payment was recalled back due to the fraud.

Regarding the Data Protection Act 1998, there is no issue. If you bank with them, they are entitled to keep your transactions on file for however long they see fit, and so long as they are treating your information lawfully, there is no breach of DPA.

The Financial Ombudsman will back them up. You say you are not in contact with the person you had the standing order with. Well you'd better start looking, because it looks like if you are owed further funds you won't recieve that again.

zppp

duggie1982 wrote: »

Well if they did not have my details then they would not get my details including my bank account with them. I understand about them wanting their money but that should be delt with the op who set up the standing order in thier branch.

No doubt the police/SOCA will be informed.

duggie1982

dzug1 wrote: »

If it's actually a mistake, whoever's mistake it is, you are on a loser. The expectation is it will be put right. The money goes back into the account it was taken from and taken out of the correct account and you get your money back.

It sounds to me that your 'friend' has committed fraud. Whether that's against you, the bank or an innocent third party is up for proof. The danger for you is that you may be suspected of collusion with him.

On the face of it it sounds like your 'friend' hasn't paid you anything and still owes you the money.

The friend was not a friend. This was a transaction that i made with them a while back for goods that i let them have once all the payments were made (over 6 months). Now I am not able to get a hold of them - well wont return my calls.

Well we all live and learn, just thought there was no comebacks with standing orders or I would not have agreed that as a payment method.

Anyway, thanks for the advice

dzug1

duggie1982 wrote: »

Well if they did not have my details then they would not get my details including my bank account with them..

ICBW, but I would think it perfectly legitimate for RBS and Lloyds to exchange your details

Mikeyorks

duggie1982 wrote: »

Well if they did not have my details then they would not get my details including my bank account with them. I understand about them wanting their money but that should be delt with the op who set up the standing order in thier branch.

The recall - by definition - is from the Bank where the account is held. So the BACS or FP transaction that initiated the SO has a source account (the 'fraudulent' one) and a target account (yours). So there is no difficulty getting your details.