Money sent in error to wrong sort code

BooJewels

I had a family issue (still on-going through Enforcement) that's similar, but not the same, where funds were obtained inappropriately and we got the Police involved and after they consulted their legal teams etc., they decided that as the person who gained the advantage, didn't actually set out to gain through deception, it was a civil matter.  It's a crime where there is a clear 'intent to obtain property or pecuniary advantage by deception'. 

Someone who accidentally benefitted and then didn't do the decent thing, probably doesn't qualify in that respect, as a crime.

DoaM

Although it could be argued that this is a case of "theft by finding".

stragglebod

DoaM said:

Although it could be argued that this is a case of "theft by finding".

I'd definitely argue that. Recipient knows he/she's not entitled to it, has agreed to repay but failed to do so - OP hasn't mentioned if any of the payments from May onwards have been made, I'm guessing not.

sbm40

stragglebod said:

DoaM said:

Although it could be argued that this is a case of "theft by finding".

I'd definitely argue that. Recipient knows he/she's not entitled to it, has agreed to repay but failed to do so - OP hasn't mentioned if any of the payments from May onwards have been made, I'm guessing not.

I haven't had anything since May and I have asked my bank for the recipients details where I can serve a legal claim. That's where I come unstuck; although my bank wrote to me saying 'put a request for the recipients' details in writing' (which I have now done twice) they have provided me with no details. I can't serve a claim if I don't know where to send it, although I have a name, account number and sort-code so it did cross my mind whether to send it C/O!

Manxman_in_exile

This sort of thing must happen quite a lot* (ie not having an address for service).  Are you sure the Civil Procedure Rules don't allow for this?  I thought, for example, that you could properly serve claims at a defendant's "last known address" where you don't know their current address.  Obviously this is somewhat different, but there is a sort of similarity regarding lack of address.  I too would be wondering if you could serve it c/o the bank if that is the only reasonable way of making contact with them.

Have you tried asking CAB or seeing if a local firm of solicitors is one of those that offer 30 minutes free legal advice?  It's a simple question: "How do I sue somebody if I don't know their address?".  I'd be surprised if the answer was a straightforward "You can't."  Or is there a local law clinic at a university or something?

*And with GDPR etc it's going to get more difficult to find out addresses.

davidmcn

I don't know the exact procedures for this sort of action, but obviously there are ways of pursuing court action involving somebody who has disappeared. If it's a debt though, how useful is that? You'd still have to find them for most methods of extracting the money.

unholyangel

George_Michael said:

Ditzy_Mitzy said:

The offence is 'retention of a wrongful credit' and is a criminal, rather than civil matter. 

That's incorrect.
A credit is only classed as "wrongful" if it was made for one of 4 different reasons, them being:
Fraud, blackmail, theft or stolen goods.
Yes, the OP made a mistake by sending the payment to the wrong account but under the theft act, it doesn't qualify as a wrongful credit as it was made willingly and was a legal payment.

Youve misunderstood.

What it is saying is that even if your account is the account it was meant to go to, it's still wrongful if it derives from those acts. Otherwise those who spend money deposited into their account by mistake could never be prosecuted (and they are). 

Manxman_in_exile

davidmcn said:

I don't know the exact procedures for this sort of action, but obviously there are ways of pursuing court action involving somebody who has disappeared. If it's a debt though, how useful is that? You'd still have to find them for most methods of extracting the money.

I was sort of assuming (perhaps with no justification) that the defendant's address would be revealed during the claim process?

sbm40

Update: I wanted to let you know that I absolutely drove my bank crazy with my demands for help! There was a huge amount of back & forth correspondence but I was determined! The recipient of the funds eventually agreed to pay me back £150 a month by dd. This has been honoured and 2 more payments and I will have got my money back 😊Thank you for all your advice

sarahern

I have a similar issue. Misdirected balance transfer sent to someone elses account. £4084. Did you succeed? Ever find our where to serve them? 

Banks wont share this persons details with me due to gdpr! Ombudsman investigating but no powers to claw back the money.
waiting on police too but im thinking small claims but not sure who is the defendant!