Reclaiming mistaken internet bank payment

ng199

Hello,

I don't know if anyone can help but I'm running out of ideas.

While I was paying a Barclaycard bill online I mistakenly sent the payment from my Santander personal account to the wrong payee.

The payee which received it also had Barclays in the description (hence the mistake) but is in fact a consultancy company. Looking back now I have no idea why I have their details and am guessing they came over with details in a bank account transfer from the Halifax.

Anyway once I realised my mistake I contacted Santander to see what could be done and they said it was the receiving banks resposibility and they could not ask for the money to be returned. I then spoke to Barclays and they said it was not their problem as it was my mistake...eventually I spoke to a very helpful Barclays employee who registered a complaint on their systems.

Barclays contacted the account holder to ask for permission to collect the money, this was declined because the MD said he had a lot of debtors and how could someone have mistakenly sent a payment to his business and therefore felt the money was his.
Barclays said they could not do anything more themselves but said they would pass on correspondence to the account holder so I wrote a polite letter holding my hands up for my stupidity and explaining the situation and asking for their help in returning my money.
There has been no further reply from the account holder and Barclays say they can not actively do anything more but they will pass on any correspondance. I have researched the company but none of the contact details have produced anything and of course Barclays will not disclose their contact details which appear to be working.

I'm now wondering where I stand in the eys of the law, Barclays implied if the money has been spent that is that but the money was still in the payees account when he was notified of the problem so he can't claim ignorance. Is there anything I can use to persuade the payee to return my money?

ANy help would be appreciated

Plxply

ng199 wrote: »

Barclays contacted the account holder to ask for permission to collect the money, this was declined because the MD said he had a lot of debtors and how could someone have mistakenly sent a payment to his business and therefore felt the money was his.

Although there is nothing useful I can tell you apart from what I've heard which is that you can only request that the receiver gives the money back to you through correspondence with Barclays. Even though your act was slightly stupid, it was a mistake and I feel enraged that someone could give such a response to a mistaken transfer especially from a company. Although since it's a company I assume you can get the Managing Directors address yourself, no?

opinions4u

A letter to the company (sent via Barclays if necessary):

- the money was sent in error (apology)
- it is not their money to use
- please return it within 14 days
- if no response is received you will take further action

If after 21 days you've had no response, ask a solicitor to send a stronger letter and if that doesn't work take them to the small claims court (or whichever court a solicitor suggests). Alternatively, make a theft allegation to the police. While there's little chance of the police pursuing it too hard, it is likely that they'll send a bobby round to ask questions which may be enough to get the desired response - your money back.

MD said he had a lot of debtors and how could someone have mistakenly sent a payment to his business and therefore felt the money was his.

In which case the MD has a duty to show that the money you sent was owed to him. As there won't be an invoice or other documentation relating to it, his claim is fairly close to criminal.

jonesMUFCforever

The banks can do nothing as it is not their mistake.

If the company cannot justify that you owed the money to them it is up to you to contact them giving them a reasonable time to return the funds - if they do not then it is up to you to sue them.
This can be done easily with Moneyclaim online.

Joe_Bloggs

Here is a suggestion. Open a Barclays Bank account and make this a problem between bank customers of the same bank rather than an interbank problem.
It is only an idea but I welcome criticisms of why this would help or fail.
J_B.

jonesMUFCforever

Joe_Bloggs wrote: »

Here is a suggestion. Open a Barclays Bank account and make this a problem between bank customers of the same bank rather than an interbank problem.
It is only an idea but I welcome criticisms of why this would help or fail.
J_B.

What a waste of everybody's time.
The only person in the wrong here is the OP.
He made a mistake - he has contacted the recipient and been told NO he is not getting his money back - time to sue.
All internet banks ask you to double check the details when you input the numbers - especially with faster payments - if you put the wrong digits in don't blame the banks - they cannot undo your mistakes.

ChiefGrasscutter

I've answered this one before, several times I think.

1996 Theft Amendment Act – Section 2, which inserted a new clause 24A into the original Theft Act of 1968.

As follows:

Dishonestly retaining a wrongful credit…………
A person is guilty of an offense if----
a) a wrongful credit has been made to an account kept by him or in respect of which he has any right or interest;
b) he knows or believes that the credit is wrongful; and
c) he dishonestly fails to take such steps as are reasonable in the circumstances to secure that the credit is cancelled.

See:
http://www.statutelaw.gov.uk/content.aspx?ActiveTextDocId=1204238

Scroll down to find the clause to check for youself
Looks like that has settled the discussion about transfers made in error once and for all. You contact the receiving bank/person and demand that the credited amount is returned. Failure to do so is an offense – max 10 years I believe.
It seems not to matter the method by which the error occurred (ie wrong digit entered when setting up payment or wrong payee selected from an existing list) or who made it -bank employee or bank account holder. It’s simple – the receiver has to return it.

System

So the MD turns around and says 'fair cop guv'. He then agrees to repay it after he has completed his investigations into whether the OP is one of his debtors or not. MD wants to be absolutely sure so the investigation will take 6-9 months and there is absolutely nothing the OP can do. No offence committed as the MD is investigating the error.

ng199

Thanks for all the replies so far.
I guess we all know what should have happened but at least I have a few ideas on how to proceed
I know it won't be easy but at least I know to keep pushing

noh

ChiefGrasscutter wrote: »

I've answered this one before, several times I think.

1996 Theft Amendment Act – Section 2, which inserted a new clause 24A into the original Theft Act of 1968.

As follows:

Dishonestly retaining a wrongful credit…………
A person is guilty of an offense if----
a) a wrongful credit has been made to an account kept by him or in respect of which he has any right or interest;
b) he knows or believes that the credit is wrongful; and
c) he dishonestly fails to take such steps as are reasonable in the circumstances to secure that the credit is cancelled.

See:
http://www.statutelaw.gov.uk/content.aspx?ActiveTextDocId=1204238

Scroll down to find the clause to check for youself
Looks like that has settled the discussion about transfers made in error once and for all. You contact the receiving bank/person and demand that the credited amount is returned. Failure to do so is an offense – max 10 years I believe.
It seems not to matter the method by which the error occurred (ie wrong digit entered when setting up payment or wrong payee selected from an existing list) or who made it -bank employee or bank account holder. It’s simple – the receiver has to return it.

If you care to read a little further you will see that a wrongful credit is defined as:-
http://www.legislation.gov.uk/ukpga/1968/60/section/24A

(2A)A credit to an account is wrongful to the extent that it derives from—
(a)theft;
(b)blackmail;
(c)fraud (contrary to section 1 of the Fraud Act 2006); or
(d)stolen goods.

This credit was none of the above. It was the result of a mistake by the OP.
The recipient is not comitting the offence of retaining a wrongful credit by taking no action to return the money simply because it was not a wrongful credit as defined in the Act.

PNPSUKNET

How much was it for and do you know the company name, if so obtain a company report via 192.com . This post reminds me of found money in my account which isnt myn, can I keep it