Reclaiming mistaken internet bank payment

jonesMUFCforever

PNPSUKNET wrote: »

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

I think OP already knows who he paid the money to in error - his problem is that the recipient won't pay it back to him.
Either he owes the money and that is the reason for the refund to be refused or he can sue through the courts.

ng199

Hello,
It was about a grand to pay for my credit card bill.
I know who the company is (not sure if I can say here?) but their business phone line is always engaged and I have the MD's personnal details but again never any response. I've done another search and it looks like the company has been dissolved since 2009, I guess that may complicate matters?

stclair

I would use this website to check if the account is still valid:

http://www.postcodeanywhere.co.uk/demos/bankvalidator.aspx

If the account is for example closed there may be a chance the bank may send it back to you automatically.

However sometimes it may not be that easy and you may have to do alot of running around.

I appreciate the payment may have been sent in error however its not really the banks responsibility to do the chasing.

olly300

ng199 wrote: »

Hello,
It was about a grand to pay for my credit card bill.
I know who the company is (not sure if I can say here?) but their business phone line is always engaged and I have the MD's personnal details but again never any response. I've done another search and it looks like the company has been dissolved since 2009, I guess that may complicate matters?

Why haven't you tried to take the guy to court instead of waiting until now?

If the company is a limited company, has been wound up and you sent it to the company's bank account then the director may get out of liability of paying you back as the company is a separate legal entity from the director.

However it doesn't stop you trying to take the MD to court arguing that he has not been acting with reasonable skill and judgement expected from a director.

Due to the amount send the guy a letter "Before Action" by "recorded sign for" and another copy of the same letter using proof of posting from a different post office*, giving him 14 days to pay up then immediately then on the 15th day if you haven't received the money log a claim via moneyclaimonline.

*Sending it two different ways avoids the argument that he didn't receive your correspondence.

macman

If the company has been wound up then it's pointless trying to reaclaim the money now.
Why on earth did you wait 2 years before acting?

ng199

Hello,

I haven't waited two years, the payment was only made in mid Dec 2010. After the banks request to collect the money was denied my first letter to the company was forwarded on by Barclay's in early January, so I have given them a couple of weeks to reply and now I want to take it to the next stage.

I have chacked the status of the account I sent the money to and it is active, which I new from Barclays but the money was automatically transferred to another Barclay's account which is for a company which has been dissolved (I checked today with companies house), their account is also still verified though.

I am sending a "before action" letter today to which will go to the company, the directors address and via Barclays. The only reason I'm still involving Barclays is that I have had no response from the company via direct contact attempts.

macman

ng199 wrote: »

Hello,

201I haven't waited two years, the payment was only made in mid Dec 2010. After the banks request to collect the money was denied my first letter to the company was forwarded on by Barclay's in early January, so I have given them a couple of weeks to reply and now I want to take it to the next stage.

I have chacked the status of the account I sent the money to and it is active, which I new from Barclays but the money was automatically transferred to another Barclay's account which is for a company which has been dissolved (I checked today with companies house), their account is also still verified though.

I am sending a "before action" letter today to which will go to the company, the directors address and via Barclays. The only reason I'm still involving Barclays is that I have had no response from the company via direct contact attempts.

But you said the company has been 'dissolved since 2009'? Hence the confusion.

noh

If it has gone to an account of a company in liquidation then you need to contact the liquidators as they are the ones managing the finances not the directors.

ng199

Once I began to look into things I learnt the company was dissolved. It's a little confusing that their account could receive money if they were dissolved? It obviously did though otherwise my money would have been returned.

I am trying to find out if there are liquidators involved but Companies House said that the company was dissolved due to failure to complete the required company paperwork, they could not comment on Avello's financial status

noh

Which company was it?
Avello Ltd is not shown as dissolved.
Avello Europe Ltd is.

Although it looks like they probably have the same directors. The website for Avello Europe gives the same address as the registered address for Avello Ltd.