Money sent in error to wrong sort code

SteveJW

Aylesbury_Duck said:

It's why it's a good idea to send £1 to a new recipient, check that it's arrived, then send the balance. 

Best bit of advice I was ever given, send £1 first and wait for confirmation received

mattyprice4004

sbm40 said:

My source is Lovemoney.com but I am unable to upload the link as I think I need to be a longer-standing member. A further study suggest up to 28% of people don’t get their money back. I am very determined and I don’t care if it costs me. I think it’s a disgrace that ‘victims’ are not supported sufficiently. I’ll keep you posted 😊

The only victim is you, due to you not taking care when making a payment. 
It's not a disgrace, it's just the result of carelessness - if I dropped a tenner here and there as I was walking along I wouldn't be after the people who picked them up behind me. 

I feel your plight, but you also need to take some responsibility for your own actions here. 

davidmcn

sbm40 said:

My source is Lovemoney.com but I am unable to upload the link as I think I need to be a longer-standing member. A further study suggest up to 28% of people don’t get their money back.

It's the same "study", apparently carried out by Vibepay, who might just have a vested interest in people sending money via them instead:
https://www.lovemoney.com/news/91297/sent-money-to-the-wrong-account-get-money-back-after-misdirected-payment

As I said above it sounds like nonsense to me. I must have handled thousands of incoming and outgoing payments at work, and can't recall ever hearing about funds ending up in the wrong person's account. Any problems are generally because the funds haven't been sent at all, or the recipient hasn't allocated them correctly after receiving them.

sbm40

mattyprice4004 said:

sbm40 said:

My source is Lovemoney.com but I am unable to upload the link as I think I need to be a longer-standing member. A further study suggest up to 28% of people don’t get their money back. I am very determined and I don’t care if it costs me. I think it’s a disgrace that ‘victims’ are not supported sufficiently. I’ll keep you posted 😊

The only victim is you, due to you not taking care when making a payment. 
It's not a disgrace, it's just the result of carelessness - if I dropped a tenner here and there as I was walking along I wouldn't be after the people who picked them up behind me. 

I feel your plight, but you also need to take some responsibility for your own actions here. 

 If I left my car on the drive unlocked whilst I put my shopping away and it was stolen I suppose that would my fault too? Hardly a tenner. This is a criminal offence regardless. Everyone makes mistakes but that doesn't mean people should take advantage. Thank you for your support and understanding

sbm40

Aylesbury_Duck said:

sbm40 said:

My source is Lovemoney.com but I am unable to upload the link as I think I need to be a longer-standing member. A further study suggest up to 28% of people don’t get their money back. I am very determined and I don’t care if it costs me. I think it’s a disgrace that ‘victims’ are not supported sufficiently. I’ll keep you posted 😊

It's a tricky one because yes, you are a victim of the recipient's dishonesty in not returning the money they know was not meant for them, but who do you think should be supporting you beyond the due processes available to you?

I think the small claims court is my only option but how can people pursue this avenue without a recipients' details of where to serve papers? 

Aylesbury_Duck

sbm40 said:

Aylesbury_Duck said:

sbm40 said:

My source is Lovemoney.com but I am unable to upload the link as I think I need to be a longer-standing member. A further study suggest up to 28% of people don’t get their money back. I am very determined and I don’t care if it costs me. I think it’s a disgrace that ‘victims’ are not supported sufficiently. I’ll keep you posted 😊

It's a tricky one because yes, you are a victim of the recipient's dishonesty in not returning the money they know was not meant for them, but who do you think should be supporting you beyond the due processes available to you?

I think the small claims court is my only option but how can people pursue this avenue without a recipients' details of where to serve papers? 

Have a look back at page 1 of your thread.  steampowered provided some answers on that.

TripleH

I believe the correct procedure, if you have sent money to the wrong account / used wrong sort code is to contact your bank and ask for the funds to be pulled back into your own account (this depends on the timescale between making the payment and noticing a mistake). The recipient of said funds can dispute any reversal of payment (as they may argue that the money was owed to them) and banks cannot take non-contractually agreed funds from their clients' accounts.
If the request fails, it is then up to you to argue the funds were not owed to that individual, it maybe court action is required but at the end of the day its a case of how much time, effort and money you are prepared to invest in trying to retrieve the funds. 

452

davidmcn said:

unholyangel said:

You could report them to the police for dishonestly retaining a wrongful credit but given how overwhelmed our services are normally (nevermind now with covid), they may not have the resources to dedicate to it. 

I doubt it meets any sort of test for a prosecution - even if it did, relatively smallscale fraud is way down the priority list at the best of times. 

Where's the fraud? Looks like a straight forward theft to me.

The police shouldn't investigate by charging standards and as for priority they've never had so much time on their hands. 

davidmcn

452 said:

davidmcn said:

unholyangel said:

You could report them to the police for dishonestly retaining a wrongful credit but given how overwhelmed our services are normally (nevermind now with covid), they may not have the resources to dedicate to it. 

I doubt it meets any sort of test for a prosecution - even if it did, relatively smallscale fraud is way down the priority list at the best of times. 

Where's the fraud? Looks like a straight forward theft to me.

Not clear from the information we have that it meets the definition of theft.

Anyway, even the police pursued it as a crime, that doesn't mean the OP gets the money back.

452

davidmcn said:

452 said:

davidmcn said:

unholyangel said:

You could report them to the police for dishonestly retaining a wrongful credit but given how overwhelmed our services are normally (nevermind now with covid), they may not have the resources to dedicate to it. 

I doubt it meets any sort of test for a prosecution - even if it did, relatively smallscale fraud is way down the priority list at the best of times. 

Where's the fraud? Looks like a straight forward theft to me.

Not clear from the information we have that it meets the definition of theft.

Anyway, even the police pursued it as a crime, that doesn't mean the OP gets the money back.

I would say from the information we have there is a theft. When the error was pointed out and they agreed to pay it back and failed to do so. At that point they have acted dishonestly in appropriating the money and that my friend is theft. 

I see no legs in the fraud you suggested. 

I agree with you in the fact the police are not recovery agents.