Wages Paid to a Stranger Account

jonesMUFCforever

m22kk56 wrote: »

I appreciate that. I am prepared to pay up to £4k to recover my £4k as it chokes me to think some smug git might benefit from my mistake...might seem bitter to some but sense of justice won't let me drop it!

I accept collection may be difficult but we'll cross that bridge...

You need to take the emotion out of this and be practical.


Reading your last post you are already 'down' by £8000!
You probably will win but if the other side say sorry we spent the money there is nothing left you could be faced with repayments of £1 per month.
Do you still want to chance that second £4k?

Archi_Bald

Check out clauses 7.3 and 7.4 in the Santander T&Cs. They should really return the money but it may have to be your employer who asks them to do so.

SuperAllyB

Archi_Bald wrote: »

Check out clauses 7.3 and 7.4 in the Santander T&Cs. They should really return the money but it may have to be your employer who asks them to do so.

Does 7.4(b) not say that they are not responsible where incorrect details have been made?

I would also interpret these 2 clauses as only relevant if Santander were the paying bank, which may or may not be the case.

Archi_Bald

I haven't spent too long over these T&Cs but at the end of 7.4, they say

[/quote]In these circumstances we will use reasonable efforts to recover any money paid out of your account or not paid into your account as a result of the failed or incorrect payment.[/quote]

This may or may not be helpful in the OP's case.

I thought there was also a general clause now that says they can request repayment of amounts incorrectly credited to somebody's current account, but I can't find it now.

GingerFurball_2

Santander aren't liable as they haven't made an error.

pmduk

If Santander failed to act in a timely manner when notified of the error they may well be found (by the FOS) to have contributed to the problem. There is no dispute how the problem arose, the OP made an error.

The OP's next step is either to pursue their FOS complaint, and/or contact one of the newspapers that handle financial queries.

Publicity often seems to concentrate banks' minds.

GingerFurball_2

No, Santander can try and retrieve the funds but they can't just pull £4k out of someone's account without both sides agreeing that money shouldn't be there.

They didn't make a mistake and they've been unable to determine whether the funds have been sent in error. There isn't much more they can do.

pmduk

The OP claims it took Santander a long time to contact the third party, which FPS rules and their own T&Cs require them to do. Nobody is suggesting they can do any more.

m22kk56_2

Update on this.....police came to my house today and took statement and evidence. They are taking this seriously (which surprised me) and agree this person may have committed theft by retaining wrongful credit.

Watch this space...!!!

Biggles

Meanwhile, watch out for a(nother) thread on here saying, "I received an unexpected payment of £4,000 in my account, can I keep it?".
;-)