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Money sent to wrong account
Comments
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As I said not my field, but this seems to imply that although the applicant (OP) must pay the costs of the application and the respondent (the bank) in the Norwich pharmaceuticals process, these costs can subsequently be in principle retrieved against the wrongdoer..
An applicant will normally be expected to
indemnify the respondent in respect of costs – both
of the application and of complying with the order
– unless the respondent is itself a wrongdoer or has
acted unreasonably (see JSC BTA Bank v. Ablyazov
& Ors [2014] EWHC 2019 (Comm) per Flaux J at [70]
to [82]). These costs can, in principle, subsequently
be recovered against the wrongdoer (see Totalise
Plc v The Motley Fool Ltd [2002] 1 WLR 1233, 1240
– 1241; and JSC v. Ablyazov at [75]).
https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.2tg.co.uk/wp-content/uploads/2018/05/2TG-Practical-Guide-to-Norwich-Pharmacal-Orders-Summer-2018-1.pdf&ved=2ahUKEwianevmvebsAhWMQUEAHVeXCrgQFjACegQIDhAB&usg=AOvVaw0zY1aOr-m7MMKtFLya44zo
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It is fully our fault (**husbands fault 😏)
But its just so frustrating that all the bank can do is request the account holder to send the money back and if they don't, they can spend it as they please.
Let's hope the bank can get in touch with them and they are decent people 🤞 if not, we will make a loss and move on...... Oh, and double check every detail next time instead of rushing 🤦♀️0 -
Just to be clear, they'd be breaking the law if they were to 'spend it as they please', but they benefit from anonymity and the restrictions the Data Protection Act imposes on their bank, so pursuing them isn't straightforward (as per the last couple of pages) but is possible for those with enough time, money and motivation....Beckydev said:But its just so frustrating that all the bank can do is request the account holder to send the money back and if they don't, they can spend it as they please.0 -
Update..... We have the money back 😁😁😁😁😁16
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So it seems the left arm of Santander talked to the right arm and the right result achieved.Beckydev said:Update..... We have the money back 😁😁😁😁😁0 -
Update..... We have the money back
Good news and what a relief!
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I have sent money to the wrong account and the Halifax refusing to return it because the account is in an unarranged overdraft.
Any ideas what I can do please ?
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The wrong account in what sense? One of yours or incorrect account number?0
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Deleted_User said:The wrong account in what sense? One of yours or incorrect account number?
I was in a rush and sent to the wrong person in my payee list.
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If the payee is someone you know then you can and should pursue them for the money, as I believe their bank is entitled to treat the money as an irreversible repayment of the payee's debt.Namechanger said:
I was in a rush and sent to the wrong person in my payee list.Deleted_User said:The wrong account in what sense? One of yours or incorrect account number?0
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