please help... santander changed a sortcode on a standing order

belle81

Hello all....

I'm new to the mse website so do bare with me.... Tonight we had an agitated phonecall from our landlord saying he had received no payments for rent this year so far!!!! I knew the money had gone from the account and a further check proved this.... So he gave me his sort code and account number and I said I would call santander and also check our account online.

After checking I found the account number of our landlords building society was the same but it was a completely different sortcode!! We have not changed anything to do with our rent at all and it's always paid the standing order.... It's almost as if the new year kicked in and it changed the sort code and not by one or two numbers but the whole sort code.

We called santander who were very helpful... He told us that it looked like an administration error and that he would trace where the money has g one.... It went to an account at Yorkshire Bank investments.... He said we can't do anything tonight but tomorrow they will process further and open a complaint from us and also trace the money contact them and get them to discuss the matter with the account holder and hopefully they will say yup here you go and hand it back.... Or they won't give it back and we can open a criminal case against them?!!.... So upset and angry by this does anyone please have any help or advice on all this.... Hubby is calling in the morning to set wheels in motion but hoping the landlord will wait it out till we hopefully get our money back..... Aghhhhh many thanks in advance :-)

grumbler

belle81 wrote: »

Or they won't give it back and we can open a criminal case against them?!!....

I don't see any crime here. If the recipient refuses to return the money, then it's a civil case, not criminal.
And if Santander admit that it was their error, then they have to refund the money and then take legal actions, not you.

SnowTiger

belle81 wrote: »

After checking I found the account number of our landlords building society was the same but it was a completely different sortcode!!

Which Building Society? N&P, and possibly others in the group, have recently change sort code.

alanq

grumbler wrote: »

I don't see any crime here. If the recipient refuses to return the money, then it's a civil case, not criminal.

'Keeping any money wrongly credited to your account, could lead to you being charged with "Retaining wrongful credit" The 1968 Theft act defines this as: "A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it".It goes on to say that: "A person is guilty of an offence 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."'

http://www.money.co.uk/article/1005023-can-you-keep-money-accidentally-paid-into-your-bank-account.htm

pmduk

Let's not get diverted by the criminal status or not. That's not the OP's problem.

I'd immediately start Santander's formal complaint process. It's for them to justify why they've changed the details on the mandate. I'd be insisting they made the correct payments immediately, with an apology to the recipient explaining that the error is not that of the OP's. The bank can sort out it's reclamation of moneys later.

cheexy

pmduk wrote: »

Let's not get diverted by the criminal status or not. That's not the OP's problem.

I'd immediately start Santander's formal complaint process. It's for them to justify why they've changed the details on the mandate. I'd be insisting they made the correct payments immediately, with an apology to the recipient explaining that the error is not that of the OP's. The bank can sort out it's reclamation of moneys later.

Plus some compensation cos that's just bad.

colsten

cheexy wrote: »

Plus some compensation cos that's just bad.

Hold fire. As SnowTiger says, some building societies have recently changed sort code. The fault might lie entirely with the landlord, or the landlord's BS.

agrinnall

colsten wrote: »

Hold fire. As SnowTiger says, some building societies have recently changed sort code. The fault might lie entirely with the landlord, or the landlord's BS.

I can't see how, the OP says that the LL's sortcode hasn't changed, and that the money has ended up in a Yorkshire Bank account (i.e. not a BS). If all that is true then I'd lay the blame squarely with Santander.

Goldiegirl

The Santander person has already says that it looks like an admin error.

If that is the case, I would expect them to immediately refund the payments that went out under the wrong sort code, and then send the funds to the correct destination.

also, I would imagine there'll be a small goodwill payment for the inconvenience.

Aquamania

belle81 wrote: »

Hello all....

I'm new to the mse website so do bare with me.... Tonight we had an agitated phonecall from our landlord saying he had received no payments for rent this year so far!!!! I knew the money had gone from the account and a further check proved this.... So he gave me his sort code and account number and I said I would call santander and also check our account online.

After checking I found the account number of our landlords building society was the same but it was a completely different sortcode!! We have not changed anything to do with our rent at all and it's always paid the standing order.... It's almost as if the new year kicked in and it changed the sort code and not by one or two numbers but the whole sort code.

We called santander who were very helpful... He told us that it looked like an administration error and that he would trace where the money has g one.... It went to an account at Yorkshire Bank investments.... He said we can't do anything tonight but tomorrow they will process further and open a complaint from us and also trace the money contact them and get them to discuss the matter with the account holder and hopefully they will say yup here you go and hand it back.... Or they won't give it back and we can open a criminal case against them?!!.... So upset and angry by this does anyone please have any help or advice on all this.... Hubby is calling in the morning to set wheels in motion but hoping the landlord will wait it out till we hopefully get our money back..... Aghhhhh many thanks in advance :-)

So in a nutshell, you gave an order to your bank which they have failed to action because they actioned something different in error, an error you say they admit. Because of the error, the money has already left your account.

Get this admission in writing from your bank. Explain the situation to the Landlord (who, with the documentary evidence) will probably give it a while to be all sorted out.
(If you don't get a letter, but you are prepared to do so, you could show the landlord your bank account statement showing the money has left your account)

However, it's the banks' fault (you say), they admit it (you say) so the bank have to sort it out.
At worst they'll just have to send the money again to the correct recipient from their own funds
(anything else they may do to recover the originally sent money really doesn't affect you)


What I don't understand is how an admission has been given over the phone late evening. How could the phone jockey know during the course of a phone call that an administrative error had occured?

I can think essentially of 4 ways a SO could be set up originally

1. Online - Using this method it's normally fully automated (no administation)
2. In writing - you wrote to the bank and the bank incorrectly input the information contained in the letter. (Unlikely the phone jockey could see such a letter)
3. By telephone - similar to (2) above, but again the phone jockey would not have instant access to the original phone recording to identify an error by them.
4. In branch - you gave verbal instructions but having taken those instructions you are normally given something to sign to approve (having been asked to carefully check it is correct) - no admin error can occur after that point as it is then automatic

pmduk

belle81 wrote: »

We have not changed anything to do with our rent at all and it's always paid the standing order.... It's almost as if the new year kicked in and it changed the sort code and not by one or two numbers but the whole sort code.

This is what convinces me it's a bank error and no fault of the OP's, (NB my added emphasis)