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Balance transfer misdirected to another account £4k - please help

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  • onlyfoolsandparking
    onlyfoolsandparking Posts: 1,779 Forumite
    1,000 Posts Third Anniversary Name Dropper
    edited 4 August 2021 at 3:48PM
    Whilst I can't see anything technically wrong with the advice already given to OP, it offers very little in the way of help. I have no idea as to what OP can or should do but surely there must be something more that can be done. It cannot be right that the OP is left with a 4K+ debt that is genuinely not theirs and for what in reality is a typo?

    It borders on tragic, I hope you can somehow get it sorted OP, I know I would be quite distraught if I were in your position.  

    Edit: I don't know whether this is of any help but I recently opened a Sainsburys credit card account and I too instigated a BT (from MBNA) upon application. I also noticed the balance at £0.00 upon logging in but DIDN'T repeat the BT and after a few days the BT did show on the account.

    Is this perhaps where the 'mistake' has happened? If yes, surely it can be traced or backtracked. Of course I could be miles off here (and probably am) but any avenue must be worth persuing in you current predicament?
  • eskbanker
    eskbanker Posts: 37,323 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Whilst I can't see anything technically wrong with the advice already given to OP, it offers very little in the way of help.
    Point taken but I was trying to tease out what she believed that a small claims action could achieve, as this doesn't seem likely to me to bear fruit, so, while it may not appear helpful, dissuading someone from wasting their time (and money) on a blind alley has merit.

    I do agree that the resolution isn't obvious - previous threads about such matters have referred to securing a Norwich Pharmacal order to force the recipient's bank to divulge their details, but this costs thousands.

    It remains plausible that police intervention could be productive, so it certainly seems worth pursuing this first.

    I do share OP's (and your) frustration that 'it can't be right' so am not unsympathetic, but actually how to find the right resolution (and from whom) isn't clear, so I'm all ears if anyone has better constructive suggestions about what to do....
  • sarahern
    sarahern Posts: 35 Forumite
    10 Posts
    I am grateful to you all for your help. I am going to try the police and then revisit. I actually cannot believe it i feel at a loss as it feels no one can help me. 
  • sarahern
    sarahern Posts: 35 Forumite
    10 Posts
    If you google ‘peter teich’ this guy succeeded but after a lot of expense and litigation! 
    I dont have the funds for this but could represent myself in proceedings but need to know if proceeings are worthwhile. I am also heavily pregnant and this is causing me so much stress and worry


  • eskbanker
    eskbanker Posts: 37,323 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 4 August 2021 at 4:16PM
    sarahern said:
    If you google ‘peter teich’ this guy succeeded but after a lot of expense and litigation! 
    I dont have the funds for this but could represent myself in proceedings but need to know if proceeings are worthwhile. I am also heavily pregnant and this is causing me so much stress and worry
    Cases like that are exactly why I was querying the applicability of the small claims process - if he could have got his money back for a token small claims fee then why would he have gone through all the legal hassle and expense that he did?

    Unless anyone can think of any way of pinning liability for this onto either of the financial institutions concerned, it seems to me that this is likely to be more of a legal issue rather than a banking one, so you might want to try legal forums such as legalbeagles, and/or Citizens Advice?
  • sarahern said:
    If you google ‘peter teich’ this guy succeeded but after a lot of expense and litigation! 
    I dont have the funds for this but could represent myself in proceedings but need to know if proceeings are worthwhile. I am also heavily pregnant and this is causing me so much stress and worry


    I think your first port of call is the Police, they could fob you off with 'it's a civil matter' and possibly it is, I don't know but if your adamant about pursuing this and of course you should be the the Police hopefully can help.

    You're probably a distance away from Court proceedings as things stand and as pointed out earlier, who do you pursue? 
  • born_again
    born_again Posts: 20,550 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    eskbanker said:
    Unless anyone can think of any way of pinning liability for this onto either of the financial institutions concerned, it seems to me that this is likely to be more of a legal issue rather than a banking one, so you might want to try legal forums such as legalbeagles, and/or Citizens Advice?
    Would depend on how OP gave the card details of the barclays acc to transfer too. If online then Sainsburys will have proof of details entered. Over phone, then there is a possibility of a typo by the rep.

    Action fraud is being disbanded, or in reality rebranded 👀

    https://www.thetimes.co.uk/article/fraud-line-scrapped-after-times-expose-n2tlkbmrv
    Life in the slow lane
  • eskbanker
    eskbanker Posts: 37,323 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Action fraud is being disbanded, or in reality rebranded 👀

    https://www.thetimes.co.uk/article/fraud-line-scrapped-after-times-expose-n2tlkbmrv
    Action Fraud is a complete red herring in the context of this thread anyway - it's only ever been a fraud/cybercrime reporting mechanism rather than an investigative body, but in this case there hasn't been any fraud or cybercrime anyway (just alleged theft)!
  • sarahern
    sarahern Posts: 35 Forumite
    10 Posts
    It was online so i typed them in. Thanks for info re action fraud. It was the ombudsman who recommended i contact them. Im grateful for your help.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Ask Sainsburys/Barclaycaycard how you go about taking legal action to recover the funds. They have a duty to assist you. 
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