Absolutely furious and upset

Dylanwing

Unfortunately, the Banks cannot give that information as it would contravene the Data Protection Act. I very much sympathise with the OP, as it sounds very much like the Banks are just ducking any responsibility and not really making an effort to resolve the situation. Personally, I find writing far more effective in dealing with such issues, and it may be worth firing a letter off to Capital One asking for Final Reply, and emphasising that you will take it to the Ombudsman if necessary. It might just get them to find a solution.

Just seen Icecools note - Maybe you write to Nat West instead, or both just to kick it into action! Even if they are ducking liability, they should be able to offer you some advice as it's pretty obviously a complete c*** up!

loopydonna

Just an update after writing to both parties.

Nat West have twice attempted to recall the transaction but Capital One refuse to give it back because the account holder who has my money doesn't want to give it back.

Nat West have said it was my fault for typing in the wrong number, and they've done all they can to help, but they cannot force Capital One to return the money. As it was my fault, they cannot help further.

Capital One are refusing to budge. They have said they have applied the money to the account number given, and as the account holder has refused permission to remove the money from the account, they cannot dip into the account and take it back. They have said they cannot help further.

Capital One cannot disclose the details of the person who has my money due to Data Protection, which I understand.

The Ombudsman said write one final letter to Capital One and ask for a letter of deadlock, then they will take up the case.

It's hard to believe one simple easy mistake could lead to so much stress and hassle. Will definitely take more care in future.

nickmack

loopydonna wrote: »

It's hard to believe one simple easy mistake could lead to so much stress and hassle. Will definitely take more care in future.

Yes, it's certainly a hard lesson. You were unfortunate that your mistake turned out to be an actual account number.

The person who 'refuses' to give the money back knowing it's not theirs should be ashamed.

As posted on here before, if you do find a sum deposited to your account and you know it's not yours, you should be prepared to give it back.

I guess it also depends on what CapOne said to the customer. They might have been just told them, they're not obliged to give it back and the customer just said 'ok then!'

kingkano

The person who received the money may not realise someone else is suffering for it. It wouldnt be too hard to believe cap one just ringing and saying 'whoops sorry thats not your money, can we haev it back? But you dont have to' adn the person thinking, like heck, your a big company and can afford it and I need a new tv so naff off!!!

They could just be subscribing to the ethics of this whole forum (whole site in fact) - that being to hit companies where and when you can for as much as you can yes



BTW someone mentioned about if your company overpays your salary you have to give it back. This is true but I believe they can only take x% of your usual salary back per month, until the money has been returned to them (and interest free I believe). I thought they arent allowed to ask for the whole lot back now. Certainly I know many people that have been overpaid and its always been recouped in this manner....

loveandlight

This is soooo bad. My niece works for the RBoS and they often misapply money. When my niece first joined them last year, due to inadequate training she had wrongly sent someone £1million :eek: (yes you read it right) and she nearly had a heart attack when she found out. Her line manager told her not to worry, as it happens all the time with varying amounts of money and they just get the money back again.

You can't be the first one to do this in error and you certainly won't be the last. I would speak to a good banking lawyer. Just phone up one of the top law firms say in London or where you are and get to speak to one of the lawyers there about it. They often will give you free advice over the phone ( I should know as we've done it ourselves in the past). I can't imagine the stress you must be going through now because of all of this. Good luck.

Wyndham

OK, I'm confused. We have many threads on here that say that if money is overpaid into your account the bank is entitled to take it back. Here we have that situation, and the bank are saying they CAN'T take it back.

What have I missed?

MABLE

Wyndham wrote: »

OK, I'm confused. We have many threads on here that say that if money is overpaid into your account the bank is entitled to take it back. Here we have that situation, and the bank are saying they CAN'T take it back.

What have I missed?

Sadly on this occasion the bank have not made an error. They have correctly applied it to the account no. given. However it is awful the person it went to in error refuses to give the money back.

Tues-Onward

Wyndham wrote: »

OK, I'm confused. We have many threads on here that say that if money is overpaid into your account the bank is entitled to take it back. Here we have that situation, and the bank are saying they CAN'T take it back.

What have I missed?

No This is correct. The Bank cannot take it back.

loopydonna

Wyndham wrote: »

OK, I'm confused. We have many threads on here that say that if money is overpaid into your account the bank is entitled to take it back. Here we have that situation, and the bank are saying they CAN'T take it back.

What have I missed?

It was a balance transfer and I typed in the last two digits of the account number wrong. It's fully my fault and not the banks fault.

However I'm now in the situation where Capital One say the person doesn't want to give the money back, but due to Data Protection I have no way of knowing who that person is so I can ask them for my money back myself. At the moment it seems I've no way of getting it back, unless the person has a change of heart and says it's not their money.

One simple typing error has left me in a terrible mess financially and mucked up my already tight SOA. Mistakes happen and it's obvious the money doesn't belong to whoever has it. It's a four figure sum involved so a very expensive mistake to make. I just feel it's so unfair that someone is allowed to benefit greatly at my expense.

MABLE

loopydonna wrote: »

It was a balance transfer and I typed in the last two digits of the account number wrong. It's fully my fault and not the banks fault.

However I'm now in the situation where Capital One say the person doesn't want to give the money back, but due to Data Protection I have no way of knowing who that person is so I can ask them for my money back myself. At the moment it seems I've no way of getting it back, unless the person has a change of heart and says it's not their money.

One simple typing error has left me in a terrible mess financially and mucked up my already tight SOA. Mistakes happen and it's obvious the money doesn't belong to whoever has it. It's a four figure sum involved so a very expensive mistake to make. I just feel it's so unfair that someone is allowed to benefit greatly at my expense.

You could ask the bank if they will pass on a letter from you to the person
whose account this went into. If they agree try to appeal to their better nature and explain the difficulties this puts you in. You certanly have nothing to lose, alot to gain. Please give it a try.